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Employer Liability Issues › Unclean Hands

Genova Burns LLC

Appeals Court Tells Former Employees: Two Wrongs Don’t Make Them Right

Genova Burns LLC on

The Third Circuit skirted the issue as to the means by which the employer, Scherer Design Group (“SDG”) found out about the theft. In the end, the fact that an employer may have violated the common law by accessing private...more

Fisher Phillips

A Company’s Facebook Snooping Didn’t Prevent Critical Trade Secrets Injunction

Fisher Phillips on

Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court...more

Foley & Lardner LLP

I Falsified My Time Records … But I’m Still Suing You for Overtime

Foley & Lardner LLP on

Employers sometimes rely on equitable arguments, such as “unclean hands” (which asserts that it would not be fair to hold an employer liable when the employee’s actions caused or contributed to his own injury or damages). But...more

Hinshaw & Culbertson LLP

11th Circuit: Employer Aware of Employee's Underreported Hours Cannot Rely on "Unclean Hands" Defense in FLSA Case

Hinshaw & Culbertson LLP on

Santonias Bailey, a TitleMax employee, underreported his hours worked. His supervisor instructed him to do so, and the supervisor would also himself routinely revise Baily’s time records to reflect even less hours worked. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court: Undocumented Worker May Recover Lost Wages for Period Up to Employer’s Discovery of Immigration Status

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Salas v. Sierra Chemical Co., S196568 (June 26, 2014): On June 26, the California Supreme Court issued a decision holding that federal immigration law does not preempt a California law that extends state law protections to...more

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