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Corporate Counsel: “You are familiar with the scenario: one of your employees leaves to go work for a competitor, but before he goes, he copies confidential information for use at his new job. While the scenario may not have changed much, the means of obtaining the information has. The days of photocopying documents [...]
Social networking is here to stay, but its use may have legal consequences for employers and employees. This article discusses social networking in the workplace, including guidelines that employers should adopt.
Law.com: “Imagine a supervisor making an inappropriate remark to one of his direct reports in an after-hours conversation. If he made the comment verbally, and the employee then reported it to the supervisor’s employer, any resulting litigation would have involved the usual ‘he said, she said’ situation, in which lawyers would have challenged [...]
Digital Media Lawyer Blog: “Judge Jean Hamilton’s recent order in Lasco Foods, Inc. v. Hall and Shaw Sales, Marketing & Consulting, LLC, E.D. Missouri (October 26, 2009) held that an ex-employee who accesses information on a company-issued laptop for a purpose adverse to the company can be liable under the federal Stored Communications [...]
Law.com: “A war of words between Levinson Axelrod and ex-associate Edward Harrington Heyburn is now in litigation. The New Jersey-based personal injury law firm filed an order to show cause in state court in Middlesex County Superior Court last week, seeking a shutdown order concerning the website in which Heyburn criticizes his former [...]
Arizona Business Journal: “The Cheesecake Factory Inc. will pay $345,000 to settle a sexual harassment lawsuit stemming from actions at the restaurant chain’s Chandler location. The suit was filed by the U.S. Equal Employment Opportunity Commission, which alleged that six male employees were subjected to repeated sexual harassment at the company’s Chandler Mall [...]
Law.com: “You are familiar with the scenario: one of your employees leaves to go work for a competitor, but before he goes, he copies confidential information for use at his new job. While the scenario may not have changed much, the means of obtaining the information has. The days of photocopying documents and [...]
Westchester Magazine: “When the human resources department at Richard Michaels’s job told him that he’d been accused of sexual harassment, he was confused. The representative told Michaels, a manager at his company, that one of the employees he oversaw alleged that he had kissed her. Experts agree that forcible touching of employees by [...]
Arizona Republic: “The U.S. Supreme Court has indicated it is interested in hearing an appeal from business groups that, for the past two years, have been trying to have Arizona’s controversial employer-sanctions law thrown out. The sanctions law, which punishes companies for hiring illegal immigrants and requires all Arizona employers to use a [...]
Arizona Business Gazette: “A federal appeals court has reinstated an age-discrimination suit filed by ex-employees of a Phoenix company. The three-judge panel unanimously concluded there was sufficient evidence for a jury to conclude that Inland Paperboard and Packaging improperly fired three workers because of their age.”
Social Networking and the Law: Attorney Megan Erickson’s second article in a series of articles that employers should consider when drafting an employee policy dealing with social media.
I discussed some things an employer may want to think about before drafting social networking policies — including some things to keep in [...]
Social Networking and the Law: “Employers often want to know more about permissible or effective social networking policies for their employees. Of course, there’s no such thing as a ‘one size fits all’ social media policy for employers, but I think readers might find it helpful if we took some time to address [...]
The Employment Law Post: “Allowing your employees to celebrate Halloween can be a fun experience and a great way to promote motivation and engagement. If you don’t plan ahead, however, you could be in for some scary results. Probably the first thing that comes to mind when you think of Halloween is costumes, [...]
The National Law Journal: “Bosses who ‘friend’ their subordinates on social networking sites may seem warm and harmless, but they’ve got liability risk written all over them. So warn employment lawyers. Managers sending friend requests to staff via Facebook, Twitter and other sites constitute a growing trend in the workplace. And it’s one [...]
Workplace Prof Blog: “In plaintiff’s race, employment discrimination lawsuit against United Airlines, trial court’s grant of summary judgment in favor of defendants is reversed as to eight causes of actions as they must be decided by the jury. Furthermore, the trial court’s order sustaining 763 of 764 of defendant’s objections was a manifest [...]
Law.com: ‘Lawyers are calling it social networking burnout. Back-to-back studies, the most recent issued Tuesday, show a big chunk of corporate America is banning communication wonders like Twitter and Facebook from the workplace. According to the latest survey of more than 1,400 U.S. companies, more than half (54 percent) said they prohibit [...]
Good advice for all employers. When an employer has a problem with an employee that might lead to discipline or termination, the employer should document all employment-related problems in case the employee files a lawsuit or takes other action against the employer. Here is a summary of some of the important topics discussed [...]
Mark Cuban, the owner of the Dallas Mavericks, posted a story on his blog about his desire to hire a number of unpaid interns. The Department of Labor said he must pay the interns. Result: no interns who would have had the opportunity to work for a sports franchise, learn some new skills [...]
The U.S. Equal Employment Opportunity Commission filed a lawsuit against Abercrombie & Fitch alleging religious discrimination. Abercrombie Kids interviewed Samantha Elauf for a position at its store located in Woodland Hills Mall in Tulsa, Oklahoma. The EEOC alleges that Abercrombie refused to hire Elauf because she was wearing a head covering when she [...]
Arizona Republic: Social networking sites such as Twitter, Facebook and MySpace are great ways to communicate, but the legalities are uncertain when employers monitor or restrict what employees say about employers online.
Valley attorneys say employers have the right to monitor and restrict employees’ social networking posts related to their business, [...]
Arizona Republic: NPMG Acquisition Sub, LLC, a Phoenix, Arizona business that processes credit-card transactions will pay $415,000 to settle a racial-harassment lawsuit brought by the U.S. Equal Employment Opportunity Commission. The EEOC claimed that NPMG Acquisition Sub’s supervisors created a racially hostile work environment for African-American employees.
A jury in the case of Pietrylo v. Hillstone Restaurant Group sent a warning message to employers that they should think twice before firing an employee over comments the employee posts online. The jury found that Hillstone Restaurant Group, the operator of a Houston’s restaurant did not have a basis to fire two employees because [...]
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