Mat Honan at Gizmodo wrote recently about a new company that helps employers search applicant’s “internet background” to assist in the hiring process. As Mat rightly points out, much of the concern over this “new technology” is overblown, and as he puts it, "[e]mployers would have to be stupid not to Google job candidates."
Reader Question – Workplace Relationships
Q: Is it “Illegal” to work with a relative as your co-worker or supervisor, or is it left up to the facility/business to make rules regarding how/who they hire as their employees?
There is nothing in California law that prohibits family members from working together. However, many companies institute non-fraternization or anti-nepotism policies as a
Medical Marijuana Raising New Employment Law Issues
The Wall Street Journal reported yesterday about the difficulties employers are facing when employees are found to have marijuana in their systems while at work. The article notes employees are asking if they could use their company-provided flex spending accounts to purchase the medical marijuana. There are many issues that will have to be
Waitress fired for Facebook post
This week the internet is buzzing about a waitress who was fired for making disparaging comments on Facebook about a customer. It was inevitable, and if employers have not realized it yet, this story should bring the point home that social networking is yet another issue employers need to take a proactive step in
Easier To Catch Liars
We are nearly at the point were everything we do is recorded. Think no one knows where you are? Wrong, your phone’s GPS can be used to track your location without you knowing about it.
Parties to lawsuits have not realized this new phenomenon either. In almost every case I have litigated in over the last
Employee’s Personal Data On Company Computers And Devices
The Wall Street Journal recently wrote about how employees are surprised after being given notice that they have been laid-off that they cannot retrieve personal (and business related) information from their computers. The author notes that with advances in technology that often times blur the boundaries between work and personal pursuits, many employees are hit
Watch What You Say About Terminated Employees
In addition to wrongful termination claims brought by terminated employees, employers also face an additional cause of action for slander. In a recent appellate decision, The Nethercutt Collection v. Regalia, the Plaintiff was terminated from his employment at a classic car museum. Regalia asserted causes of action for wrongful termination in violation of public
Less Discrimination Lawsuits Equals More Wage And Hour Lawsuits?
The WSJ recently reported, there is a trend that discrimination based lawsuits fair a lot worse than most other cases filed in federal court. A study found that discrimination cases lose at a higher rate and are more likely to be dismissed at early stages in the lawsuit. The article reports:
The odds against
US Supreme Court Rules Title VII Anti-Retaliation Provision Applies To Statements Made During Investigations
Title VII prohibits employers from retaliating against employees who report workplace race or gender discrimination. The issue examined by the US Supreme Court in Crawford v. Metro Government of Nashville, was whether this protection extends to an employee who speaks out about discrimination not on her own initiative, but in answering questions during an
Lonely, Scared, Bitter & Defending Lawsuits
This graph is courtesy of Seth Godin. Generous and calm are good business practices to abide by everyday, but I think employers need to especially remind themselves of this practice during these times.
I would also like add another quality in the upper right hand corner – less litigation. Angry and selfish employers leave