Causation -- An Often Overlooked Element In Wrongful Termination Cases

The causation element of a wrongful termination claim requires you to prove that your protected activity was the "determinative factor" in your employer's decision to fire you. A factor is "determinative" if it is the reason that tipped the scales decisively one way or the other, even if it was not the predominant reason behind your employer's decision to fire you. So how do you prove causation, that your protected activity was the determining factor in your employer's decision to fire you?

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Harley Erbe
The Rights And Duties Of Bicyclists Under Iowa Law

Bicyclists have certain rights and duties under Iowa law. Some of the laws specifically cover bicyclists; other laws generally apply to all traffic on the road, including bicycles. In general, the Iowa Code imposes the same rights and duties on bicyclists as it does motor vehicle operators, except for statutory rules that only apply to motor vehicles.

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Harley Erbe
Injuries Caused By Defective Carbon Monoxide Detectors

Carbon monoxide detectors are a valuable safety item for your home because exposure to high concentrations of carbon monoxide can lead to serious illness and even death. Carbon monoxide detectors are intended to detect the presence of high levels of carbon monoxide, warn you of the high levels, and give you time to leave the area or ventilate it. But what if the carbon monoxide detector doesn't work or malfunctions?

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Harley Erbe
Insurance Companies And The Duty To Defend

You're not always trying to use your insurance policy to recover money because of an injury to you or your property. Sometimes you need your insurance company to protect and defend you, including hiring a defense attorney, against a claim brought by someone else against you. So when does your insurance company have a duty to defend you against such claims?

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Harley Erbe
First Party Insurance Bad Faith

Iowa law requires your insurance company to exercise an honest and informed judgment when when you seek compensation or coverage for property damage or physical injuries caused by various insured events. If your insurance company fails to do so, it may be liable for “first-party insurance bad faith.” First-party insurance bad faith refer to situations in which an insurance company wrongfully denies the claim of its own policyholder.

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Harley Erbe
Payment Of "Comp" Time For Overtime Work By Public Employees

Unlike in the private sector, where the only legal method for paying overtime is monetary compensation at a 1.5 times the employee's regular hourly rate, public employers may pay overtime to their employees through "compensatory time."  Compensatory time is paid time, not unpaid time, off that the employee earns instead of overtime. Federal overtime laws place stringent restrictions on public employers that want to use compensatory time to pay for overtime. 

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Harley Erbe