4 Legal Trends to Watch Out For in 2015

Abogado Aly Civil Law in 2015A new year brings a new set of legal trends put in motion to fix an underlying issue that became prevalent in 2014. Here are the top legal trends to watch in 2015:

1)    Changes in Washington – 2015 is the first time since 2009 where Congress has a one-party control of both the House and Senate. This unified congress may lead to an increase in legislative output and coordination between the two parties. Senate Majority Leader, Mitch McConnell stated that Congress will be focused on passing legislation to decrease government spending, increase energy production, revisions on the Affordable Care Act and other laws, and a review of the current tax code.

2)    Laws in Higher Education – Due to increased national attention, there will be more processes put forth to decrease and the number of sexual assault and violent cases on college campuses. Future findings of the Department of Education’s Office of Civil Rights will lead towards a more thorough process on Title IX’s best practices. In Washington, Congress will take steps to promote campus safety as well as more definitive guidelines to hinder confusion and mandatory reporting to local law enforcements. Higher education institutions must make ensure that their school protocols and procedures fall in line with Title IX and the Cleary Act, among other acceptable state laws.

3)    eDiscovery – The changing environment of electronically stored information will most certainly take effect in alterations to the Federal Rules of Civil Procedures. These alterations will look to amend the ways in which data is preserved and e-discovery sanctions. The laws put forward are expected to favor large corporations with large quantities of ESI. These laws are also expected to include computer-assisted reviews with predictive coding as the industry continues to mature.

4)    Developments in Wage-Hour Class Action – 2015 is shifting towards the year of the employer this year in terms of wage-hour class action lawsuits. This coming year shows signs of laws moving towards “issue certification” and more limited populations in-order to classify for a collective action.

 

Civil Cases – Wrongful Termination

Abogado Aly Wrongful Termination One very common type of civil law case is that of wrongful termination. Wrongful termination can fall under many categories. The first is discrimination. It is illegal for an employer to fire an employee because of their race, religion, sex, nationality, age, and in some jurisdictions, sexual orientation. A couple of weeks ago, a Houston man by the name of Odell Hyden, filed a lawsuit against his company for age discrimination. Hyden had worked for Hagemeyer and its predecessor for over 50 years, and in April of 2013, he was let go for “poor performance.” Hyden alleges that this had nothing to do with performance and everything to do with his age. He is accusing his company for age discrimination, retaliation, and violations of the Human Rights Act.

This brings us to our second type of wrongful termination: retaliation. Retaliation is when the employer fires his or her employee because they have submitted a discrimination claim or are participating in a discrimination investigation. Retaliation is forbidden in the United States under civil rights law.

The next type of wrongful termination is an employee’s refusal to commit an illegal act. This should go without saying; however, it is still written in the constitution. If an employer asks an employee to perform an illegal act and he refuses, the employer may not fire the employee.

The last type of wrongful termination is when an employee is fired for not following the company’s termination procedures. Most companies have a procedure when terminating and employee. If that employee is let go before finishing the procedures, they might have a claim for wrongful termination.

In the US, there is no single wrongful termination law. There are several laws and court rulings that define the concept. Wrongful termination has become the most common labor claim in the United States.