Using Facebook to Obtain Information During Discovery

    “Digging up dirt” on a former employee who filed suit against your company can often provide useful ammunition to challenge their credibility.  Social networking sites can be a fertile garden for your digging, but how do you get ac

The EEOC has wasted little time in taking advantage of the Americans With Disabilities Act Amendment Act (“ADAAA”).  In the last days of August the EEOC filed 15 discrimination suits against major companies, three (3) of which allege allega

Protect Your Business By Protecting Your Computers

A case out of New York highlights the importance of employers protecting their computers and electronically stored data from disgruntled and departing employees.  In ­MidAmerica Productions v. Derke, 2010 NY Misc. LEXIS 6676, employees who l

In an interesting settlement, mainly because of some unusual facts, Dresser Rand Company settled a religious discrimination lawsuit with the EEOC for $110,000.  It seems a Dresser Rand employee, who is a Jehovah’s witness, had a religious o

Unionized Hospital Must Bargain Over Effects of Communicable Disease Policy

In Virginia Mason Hospital, 357 NLRB No. 53, the National Labor Relations Board recently found that a Seattle hospital violated its duty to bargain under the National Labor Relations Act when it implemented a communicable disease policy that r

Handbook Policy Supports Employer’s Viewing of Employee’s “Private” E-mail

  Cases involving employers viewing of employee “private” e-mails are popping up more and more frequently.  The latest case from the Georgia Court of Appeals on the subject shows the importance of having a policy that allows the employer