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Hiring & Firing Invasion of Privacy

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Littler

14 Key Developments in Canadian Labour & Employment Law in 2020

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As we entered a new decade in 2020, Canada saw significant developments in labour and employment law, some of which related to COVID-19.  This Insight provides an overview of 14 key 2020 developments, with links to more...more

Jackson Lewis P.C.

Court Upholds Jury Verdict That Directly-Observed Urine Collections Did Not Constitute Constructive Discharge

Jackson Lewis P.C. on

A Washington appellate court upheld a jury’s verdict that an employer’s drug testing protocol requiring direct observation of urine collections did not invade an employee’s privacy and did not constitute a constructive...more

Benesch

Supreme Court of Ohio Gives Employers the Green Light to Drug Test At-Will Employees Under Direct Observation When the Employees...

Benesch on

If an employer’s substance abuse policy requires employees to undergo random urinalysis drug testing, and employees sign consent forms authorizing “any testing necessary” but not specifically discussing direct observation...more

Jackson Lewis P.C.

Directly-Observed Urine Collections Do Not Constitute Invasion Of Privacy Where Employees Consented To Drug Testing

Jackson Lewis P.C. on

The Supreme Court of Ohio held that an at-will employee has no cause of action for common law invasion of privacy after the employer required the employee to submit to a directly-observed urine collection drug test. Lunsford...more

Jackson Lewis P.C.

Employer’s Request To Count Employee’s Prescription Medication Sufficient To Support Invasion Of Privacy Claim

Jackson Lewis P.C. on

A federal court in Alabama held that an employer’s request to count an employee’s prescription medication – in connection with a drug test that the employee passed – supported the employee’s claim for invasion of privacy....more

Womble Bond Dickinson

Eighth Circuit examines impact of consent on injury in fact

Womble Bond Dickinson on

In Auer v. Trans Union, LLC, 902 F.3d 873 (8th Cir. 2018), the Eighth Circuit took a detour into common law and reminded us that a plaintiff who has consented to an alleged FCRA violation does not have standing to maintain a...more

Fisher Phillips

Are You Carefully Vetting Your Third Party Vendors? If Not, You May Be Buying Yourself a Breach of Privacy Claim  

Fisher Phillips on

Our client, we’ll call them Company X, provides installation, connection, upgrades and repairs for one of the country’s largest providers of residential and commercial television, telephone and Internet service. We’ll call...more

Goulston & Storrs PC

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

Goulston & Storrs PC on

Marijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became...more

Seyfarth Shaw LLP

Monitoring Employee Communications: A Brave New World

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Over the last decade, communication via email and text has become a vital part of how many of us communicate in the workplace. In fact, most employees could not fathom the idea of performing their jobs without the use of...more

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

Termination for Facebook Posting Does Not Violate State Invasion of Privacy Law

Recent court decisions related to employees’ online postings have centered on whether disciplinary decisions regarding those postings may violate the National Labor Relations Act (NLRA). The NLRA protects certain employee...more

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