INFORMATION

Site Map - Legal Issues

Discrimination

- A federal appeals court has ruled that a company violated the ADA when it refused to reinstate an employee.

Harassment

- A federal appeals court has ruled that a company’s decision to transfer an employee to another facility to settle a sexual harassment allegation constituted an adverse employment action.

Legal Report

- Must an employer investigate suspicions that a worker is viewing child porn at work? Plus, Congress on the Patriot Act reauthorization, identity theft, and border security.

Employee Monitoring

- The New Jersey Superior Court ruled that a company may be held liable if it fails to investigate an employee accessing child pornography at work.

Religious Discrimination

- A federal appeals court has ruled that General Motors Corporation need not recognize a religious group as part of its affinity program.

Third-Party Liability

- The California Supreme Court ruled that a landowner may be responsible for the injuries to a contractor’s employee under certain circumstances.

False Arrest

- A Mississippi appeals court has ruled that a casino security officer used proper investigative techniques when arresting a casino employee for theft.

Legal Report

- Courts examine investigative techniques used by security officers and a landowner’s responsibility for a contractor’s injuries. Plus, campus safety, cargo security, and disaster management are topics of proposed federal legislation.

Sometimes the Truth Hurts

- Other whistleblowers recounted similar experiences. Removal of the security clearance—vital for anyone working in intelligence—was the weapon most often used against them when they raised concerns about security problems within their organizations

Legal Report

- A landlord may be liable for negligent security, says an Illinois appeals court. Plus, congressional legislation on chemical weapons and tax credits for security expenses related to agricultural chemicals.

Don’t Let Others Trade Your Secrets

- The key to avoiding theft of company secrets is implementation of a comprehensive information protection program.

Noncompete Agreements

- A new appellate case strengthens the trend of preemptively suing to break a noncompete agreement. William Manuel worked for an Ohio company. He resigned, promising not to work for a competitor, but he had already accepted such a job in Georgia. He then filed a preemptive lawsuit in Georgia, which has laws more favorable to employees in such cases. The Georgia court ruled that the noncompete agreement was unenforceable. A federal appeals court ruled that the Georgia court's decision would stand because the first lawsuit filed in such a case establishes the venue. (Manuel v. Convergys Corporation, U.S. Court of Appeals for the Eleventh Circuit, No. 04-16032, 2005)

Drug testing

- In South Carolina, employees become ineligible for unemployment benefits if fired for failing a drug test. A new state law (formerly A.B. 50) requires an employer to prove that it followed certain procedures before firing an employee for failing a drug test. If the company cannot offer such proof, the employee will not be disqualified from receiving unemployment benefits.
 




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