Go Back   LegalMatch Free Legal Advice Forums > Law Forums > Employment & Labor Law
FAQ Members List Calendar Search Today's Posts Mark Forums Read

Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury LegalMatch on Facebook
  Real Estate Lawyers Immigration Business Lawyers Other Lawyers LegalMatch on Twitter
LegalMatch is Fast, Free and Confidential
Reply
 
LinkBack Thread Tools Display Modes
Old 08-23-2014, 04:58 PM   #1 (permalink)
Junior Member
 
Join Date: Aug 2014
Posts: 1
Past Practice

Question in my mind is, if there are numerous past practices for the same situation, which past practice do you go with? How do you fairly judge which one to go with, currently used or original past practice?

Last edited by jafo; 08-24-2014 at 10:12 AM.
jafo is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 08-26-2014, 10:27 AM   #2 (permalink)
Member
 
Join Date: Apr 2014
Location: San Jose, CA
Posts: 98
Past Practice

If you are talking about past practices regarding employment law then there are several factors that you have to consider. A past practice is usually a long standing and frequent practice that is generally known and accepted by union and management.

The best way to determine which to chose from is to look at how long the practice has been in effect. The longer it has been around and the longer it has been known by union and management, then the more weight the past practice carries. Also look at repetition. If a practice has repeated over and over, the better the past practice is. The repeated practice must also be consistent and recent. If a past practice has not happened for a long time ( e.g 5 years) then it might not be as strong since it has not been consistent in recent past. The repeated pattern of the past practice must also be the clear and consistent and in the same way each time. This way the practice can be proved to be accepted by union and management since it happened over and over in the same manner and management accepted it.

Just remember the more the better, so try and gather as much evidence as you can of the consistent repeated past practices
KouroshA is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 08:14 AM.


Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.