Evidence, Employment Policies

Recent Rulings Pave Way for More Workplace Bias Claims: 5 Steps for Florida Employers to Reduce Risk of Trial

Fisher Phillips on 2/22/2024

Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more

NJ Appellate Division Rules Former Employee’s Cell Phone Records & Private Social Media are Not So Private Afterall

Genova Burns LLC on 3/29/2023

On March 16, 2023, in a published decision in Norma Davis v. Disability Rights New Jersey, the New Jersey Appellate Division ruled that a former employee’s private social media accounts and personal cell phone records are...more

#MeToo sexual harassment claims against court clerk go to jury trial

Butler Snow LLP on 11/8/2019

Like Title VII of the Civil Rights Act of 1964, the Tennessee Human Rights Act (THRA) forbids sexual harassment as a form of sex discrimination. To be actionable, the harassment must be so severe or pervasive that it creates...more

Protected Activity or Terminable Misconduct? — Government Contractor Update

Polsinelli on 10/25/2019

It has become almost routine for employees pursuing whistleblower and other employment-related claims against their employer to engage in "self-help discovery," using their access to files and databases to collect and gather,...more

Think your evidence is solid? Jury, judge, and appeals court may disagree

Burr & Forman on 8/16/2018

We’ve often written about the need to have clearly written policies that, once in place, are followed. If a dispute arises and there is any ambiguity in the policies and how the employer interpreted or used them, juries more...more

Texts and Message Apps Are Changing Internal Investigations

Farella Braun + Martel LLP on 8/11/2017

It almost goes without saying that these days not all pertinent business-related communications can be found on corporate email servers. As we have increasingly seen in recent internal investigations, some of the most...more

This Article Will Self-Destruct: Your Employee’s Use of These ESI-Destroying Apps Could Subject You to Sanctions

Polsinelli on 6/25/2014

In This Issue: - Can You Keep a Secret? There’s an App for That - Do Snapchat or Confide Produce “Documents” in the Eyes of the Law? What about Evidence? - Implications on Securities Fraud and Employment Issues ...more

California Courts May No Longer Be Able to Certify a Ham Sandwich

Proskauer - California Employment Law on 6/6/2014

Commentators have quipped that class certification is so easy in California that with little effort a group of plaintiffs could certify even a ham sandwich. In fact, we have seen a proliferation of recent appellate decisions...more

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