Tag: Employment law

Josh Gordon: The Final Straw?

The NFL season is back, and with it comes personnel news.  Are the Steelers and Antonio Brown going to smooth things over?  Is Tom Brady getting along with his boss?  Will Dez Bryant find work?  For me, though, the most interesting move to date was New England’s trade with Cleveland to acquire the services of […]

IT

Protecting Data from Departing Employees (or Why I Love Auditing and Access Restrictions)

Countless formal and informal studies show that most employees retain at least some company data when they leave a job. The reasons vary from the benign (such as when an employee inadvertently keeps a work flash drive) to the more malicious (such as in the case of an employee’s deliberate theft of company trade secrets […]

When Is Sexual Abuse an “Accident?”

A student alleged that she was sexually abused by a construction worker at her school and sued the construction company for negligently hiring, retaining, and supervising the worker. The company submitted the claim to its insurance company under a commercial general liability policy. The carrier successfully challenged the company’s request for coverage in federal court. […]

Brett Kavanaugh: How Will LGBTQ-Based Antidiscrimination Policies Fare?

The confirmation hearings for Brett Kavanaugh have finished (pending new hearings surrounding sexual misconduct allegations), and they have been filled with political strife already. I recently sat down with Mark Phillis, an attorney at Littler Mendelson, to discuss some of the fears that the LGBTQ community has about the future of workplace discrimination laws.

Don’t Count those Chickens Just Yet: Case Reborn after Dismissal

In the following case, a procedural error resulted in the dismissal of two employees’ claims against their employer. However, one of the employees saw her case revived after the other employee abandoned her claim while the issue was being appealed.

Tennessee Court Gives No Quarter to Fired Undocumented Immigrant

Tennessee’s workers’ compensation statute allows injured workers to recoup benefits regardless of whether they are lawfully employed. In a recent case, a West Tennessee federal district court considered whether an undocumented immigrant could file a lawsuit against his former employer, whom he claims fired him in retaliation for pursuing workers’ comp.