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Willful Misconduct Employer Liability Issues

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Don’t Slack on Slack data retention

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Employee communication methods have undergone a dramatic makeover during the past five years — indeed, it sometimes seems, from month to month. Slack, a collaboration tool for workplaces, has been among the forces upending...more

Steptoe & Johnson PLLC

Claimant Denied Pennsylvania Unemployment Benefits for Walking Off Job Without Voicing COVID-19 Concerns

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Fear of COVID-19 was not a valid reason for walking off the job, according to the Commonwealth Court of Pennsylvania’s recent decision. Shortly after the lockdown orders were issued by Gov. Tom Wolf in March 2020, a Certified...more

Proskauer - California Employment Law

Is the Customer Always Right? How Employers Should Respond to Patron Misconduct

As anyone who has worked in a customer-facing job can tell you, dealing with difficult customers often comes with the territory. However, when customer behavior crosses a line into illegal conduct like sexual harassment, both...more

Jackson Lewis P.C.

Leadership Failure: Chicago Blackhawks Organization and the NHLPA

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Inaction in Face of Sexual Assault Allegation- A 20-year-old player in the Chicago Blackhawks organization, Kyle Beach, filed a lawsuit against the team in May 2021 alleging he was sexually assaulted by the team’s video...more

Amundsen Davis LLC

New Pending Illinois Legislation Could Impact Potential COVID-19 Exposure Claims

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Illinois legislators have introduced new legislation that, if passed, could drastically alter the liabilities faced by employers and businesses to potential COVID-19 exposure claims. House Bill 3003, the “COVID-19...more

Littler

New Wisconsin Law Provides Immunity from COVID-19 Liability, With Limited Exceptions

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On February 25, 2021, Wisconsin enacted a new law designed to help reduce ambiguity regarding COVID-19-related liability.  The statute (Wis. Stat. § 895.476), which became effective on February 27, 2021, gives certain...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights, Issue 34 December 2020

In addition to the familiar lawsuits that we have been seeing since the pandemic started this spring, there have been new developments with the Pennsylvania Legislature, the Supreme Court of the United States, a major sports...more

K&L Gates LLP

COVID-19: Proposed SAFE TO WORK Act Would Provide Businesses Broad COVID-19 Liability Protections

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As Congress continues to discuss the next coronavirus (COVID-19) stimulus package, one bill in particular has become a flash point in the negotiations: the SAFE TO WORK Act, which would provide far-reaching liability...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 20, August 2020

This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more

Fisher Phillips

What You Need To Know About Louisiana’s COVID-19 Protections For Businesses

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The COVID-19 pandemic has created significant uncertainty for businesses across the country – but there is some good news for Louisiana employers and businesses. As offices, worksites, and other places of businesses reopen,...more

Tucker Arensberg, P.C.

Winning Your Unemployment Compensation Case

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Pennsylvania employers understand and support unemployment compensation as a safety net for employees who lose their jobs through no fault of their own. What is frustrating for an employer, however, is financing unemployment...more

FordHarrison

Desperate Housewife Felicity Huffman’s Off to Prison—What to Do if Your Employee Is Thrown in the Slammer for Off-Duty Activity?

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Former Desperate Housewives star Felicity Huffman is currently serving a 14-day sentence in federal prison for her involvement in a college admissions cheating scandal. In addition to her brief prison stay, Huffman was...more

Carlton Fields

Intentional Accidents: California Supreme Court Announces That General Commercial Liability Policies Apply To Negligent Hiring,...

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In a recent decision, the U.S. Court of Appeals for the Ninth Circuit observed that under California law, there was an unresolved question as to whether a commercial general liability (“CGL”) insurance policy covers an...more

Steptoe & Johnson PLLC

Biometric Hazards for Pennsylvania Employers

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As a result of numerous security issues in this day and age, employers are looking into new technological ways to counteract security risks. One such way is the use of various types of employee biometric data to confirm the...more

Farella Braun + Martel LLP

Negligent Hiring and Supervision Can Be an 'Accident'

The California Supreme Court answered the Ninth Circuit’s certified question in Liberty Surplus Insurance v. Ledesma & Meyer Construction. The court rephrased the question presented to it as: “When a third party sues an...more

Pillsbury - Policyholder Pulse blog

CGL Insurer Can’t Avoid Covering Employer for Negligent Hiring of Employee Who Committed Intentional Wrong, California Supreme...

By statute, California law holds that willful misconduct—where an insured intends to cause someone harm—is not insurable as a matter of public policy. For years, insurance companies have sought to expand this prohibition to...more

FordHarrison

Roseanne Barred from ABC: How to Protect Your Business from Social Media Meltdowns

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Roseanne Barr, known for her big mouth and abrasive humor, is no stranger to controversy. (I still cringe when I recall her rendition of the national anthem.) Unfortunately for her, and the more than 200 people who worked on...more

Seyfarth Shaw LLP

Office Marital Dispute Did Not Trigger Employer’s Duty to Investigate

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Seyfarth Synopsis: In Nakai v. Friendship House Association of American Indians, Inc., the California Court of Appeal considered whether marital disputes that spill into the workplace trigger FEHA’s marital status protections...more

Seyfarth Shaw LLP

What NOT To Do in an Investigation – $2 Million Willful Judgment Affirmed Where Employer “Whited-Out” and Edited Time Records

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employer is caught by WHD investigator instructing its employees to lie during interviews, and provides falsified records, containing whited-out and edited time records, in order to conform to the Federal...more

Pullman & Comley - Labor, Employment and...

Honesty is the Best Policy

May an employer fire an employee for lying about the reason for an absence? In a recent decision, the Connecticut Appellate Court said “yes.” Orlando Martinez worked for Polar Industries as a machine operator. He was...more

Fisher Phillips

6 Employment Actions That Can “Automatically” Land Your Hospital In Court

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As a healthcare employer, it must be tempting to want to develop rigid workplace rules that will help newbie bosses reach conclusions almost automatically, especially where the best nurses or techs often become supervisors...more

McDermott Will & Emery

Illinois Supreme Court “Upgrades” Willful Misconduct Requirements in Unemployment Cases

McDermott Will & Emery on

The longstanding statutory definition of “willful misconduct” that would disqualify an unemployment insurance claimant has been “the deliberate and willful violation of a reasonable rule or policy of the employing unit,...more

Fisher Phillips

Ashley Madison - That Electronic Communications Policy Was a Good Idea After All

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When does an employee’s extramarital activity become his or her employer’s concern?  Before the Ashley Madison breach, the answer might as well have been “[almost] never.”  Since the Ashley Madison breach has a...more

Faegre Drinker Biddle & Reath LLP

Successful Appeal Against Dismissal Automatically Revives Employment Contract

In Salmon v Castlebeck Care (Teeside) Ltd & Anor UKEAT/0304/14, the Employment Appeal Tribunal (EAT) considered whether a successful appeal against a decision to dismiss needed to be communicated to the employee in order to...more

Parker Poe Adams & Bernstein LLP

Tolerance for Prior Misconduct Does Not Prevent Termination Based on Latest Behavior

Some employers have a high threshold for tolerating abusive employees. Outbursts or confrontations that are grounds for automatic termination by one company may only prompt corrective action from another. A recent decision...more

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