Law Office of W. Andrew Arnold, P.C.,

Thinking and Blogging

A Pragmatic View of Employment Law

Apr 19, 2010 | Employment Law, Philosophy of Law, Practice of Law

Certainly, an evaluation of “what the law is?” must begin the text of the law, whether statutory or court decisions. But, instead of the text being the end of the inquiry, it is usually only the beginning of the inquiry. Each case is a unique. And, the Law is a social practice. And so, the question in practice is “how will the law be used?” Experience is a good guide.

The Ripple of the Radical Sabbatical

Apr 4, 2010 | Practice of Law

On April 1, 2005, I shut down my law practice for a one year sabbatical. The twist to this chapter of my life is that the real payoff of the year in exile was a rediscovery of a passion for law (and the business law).

Quotable Holmes: Lawyer as Prophet

Mar 21, 2010 | Constitutional Law, Practice of Law, Reading Recommendations

In 1897, the Harvard Law Review published the influential essay, The Path of Law, which further elaborated on his pragmatic view of law. I was reading it again the other night and wanted to introduce some quotes to the readers of this blog.

When Neglect Does Not Add Up: Nursing Home Understaffing

Mar 16, 2010 | Practice of Law

Staffing in a nursing home is a matter of math. Do the math to add up the profits for understaffing. Do the math to subtract the costs to those who are injured. Math will tell you whether there are enough minutes in the day. In my opinion, jury’s are a variable to plug into the mathematical equation of understaffing to make sure that providing bad care does not pay.

Lights, Camera, Law Practice: A Video Introduction

Mar 11, 2010 | Practice of Law

Video contains a little additional insight into people and their personalities and it is ideal for communicating helpful information in short, usable chunks. My practice is set to use video toward both ends. This is video introduction to me and my law practice.

Working Hard For Your Money: Overtime for Salaried Employees

Feb 2, 2010 | Employment Law, FLSA, Overtime, Unpaid wages

It seems only fair if you work long and hard, your paycheck should reflect it. However, more and more employers are paying their employees a salary, which is the same whether the employee works 40 or 45 hours. Is paying an employee a salary the trick to avoiding overtime? Not quite

Reading About Bimbos, iPads and the End of Restraint

Jan 30, 2010 | Book Review, Employment Law, Reading Recommendations

This week’s Blogger At Law reading list: Check out links to articles about Bimbo Bakeries filing the latest inevitable disclosure case, the end of judicial restraint, and the impact of Apple’s iPad on AT&T’s network.

Employment at Will: The Right to Fire You for [Almost] Any Damn Reason They Choose

Jan 15, 2010 | Employment Law

Every employment relationship that does not involve a contract for a stated term (like a contract for one year) is presumed to be “at will.” Employment at will is defined as the ability of either employer and employee to terminate employment for a good reason, bad reason, or no reason at all and at anytime without notice. Are there exceptions? Yes. But not many.

Who You Kiffin? Avoiding the Wrong Lane in Employment Law

Jan 13, 2010 | Practice of Law

The basic lesson is that most employment disputes are preventable, and the Kiffin debacle was certainly avoidable. So, what are the lessons from the Kiffin-Tennessee drama that would have helped Tennessee avoid this mess?

Book Suggestion: Becoming Justice Blackmun

Dec 18, 2009 | Practice of Law

Who was Harry Blackmun? The short answer is that he was an Associate Justice of the United Supreme Court and the...

New Report Raises Serious Concerns about Assisted Living Facilities in SC

Nov 9, 2009 | Practice of Law

No one likes the thought of going to a nursing home, but assisted living facilities seem to provoke much less dread...

Ten Proverbs for Litigators

Sep 19, 2009 | Litigation, Practice of Law

Trying cases is what I think I do best. There are some lessons that I have learned along the way. Twitter helped be shrink them down to 140 characters or less. Here are my top 10.

Workplace Defamation: Walking a Tight Rope

Aug 30, 2009 | Practice of Law

I have tried two defamation cases to a jury verdict, although I have handled many defamation cases (and have a...

Defamation Basics: A good name is as good as gold, but some ain’t worth two cents.

Aug 9, 2009 | Employment Law, Litigation

I had a jury trial a couple of weeks ago in which I represented a small business being sued for defamation. There are two types of defamation: (1) Written defamation, which is called libel; and (2) spoken defamation, which is called slander. My case involved allegations of both libel and slander.

Departure Policies: What Happens if You Are Fired before Your Bonus/Commissions are Paid? Part II

Jul 7, 2009 | Practice of Law

If you are an employee looking to get paid a commission after you have departed your former employer, then Rice v....

Departure Policies: What Happens if You Are Fired before Your Bonus/Commissions are Paid?

Jun 11, 2009 | Employment Law

The SC Courts have considered the question “what happens if you are fired before your bonus/commissions are paid?” Can your employer screw you out of the pay you have earned. It depends. This blog post is the first in a series which considers the issue.