News & Analysis as of

Employee Misconduct Defense Strategies

Cozen O'Connor

Fifth Circuit to Review OSHA’s Unpreventable Employee Misconduct Defense

Cozen O'Connor on

Unpreventable employee misconduct is an affirmative defense commonly asserted to OSHA citations. To generally prevail on this defense, an employer must show that it 1) established work rules designed to prevent the violative...more

Goldberg Segalla

[Webinar] Defending Against an OSHA Citation: The Unpreventable Employee Misconduct Defense - August 16th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

The Unavoidable Employee Misconduct defense can help an employer avoid liability for an OSHA citation, but only if it is applied correctly. Join OSHA attorneys Michael Rubin and Stefan Borovina for an interactive webinar on...more

Jackson Lewis P.C.

Can You Claim Employee Misconduct In An OSHA Citation?

Jackson Lewis P.C. on

When Occupational Safety and Health Administration (OSHA) cites for a workplace injury, employers often claim employee misconduct as an affirmative defense. There are a few key points employers can keep in mind...more

Seyfarth Shaw LLP

Commission Confirms that Employers May Have Employee Misconduct Where Training of Safety Rule Was Verbal and On-the-Job

Seyfarth Shaw LLP on

Seyfarth Synopsis: Commission’s approval of undocumented training provides blueprint for employee misconduct claims for employers going forward....more

Hogan Lovells

Employment News: wrongful dismissal, equal pay, workers

Hogan Lovells on

Red faces – no gross misconduct when employee revealed executive's pay - The EAT had to consider whether an employee had acted in breach of contract or committed gross misconduct when he revealed details of an executive's...more

Parker Poe Adams & Bernstein LLP

Lack of Clear Procedures Defeats Use of OSHA Employee Misconduct Defense

When cited for violation of OSHA safety rules, employers can assert an “unpreventable employee misconduct” defense. This defense claims that the employee knew that he or she should safely engage in the work activity, yet...more

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