The Employer Handbook Blog
I’ve litigated many battles between companies over trade secrets and non-competition and non-solicitation agreements. The tie that binds them all is that these cases are expensive to prosecute and defend. Continue reading
Articles Posted in Trials and Juries
An employer tried to enforce an arbitration agreement. The one it never signed.
Image Credit: PXhere.com (https://pxhere.com/en/photo/854901)
Well, there’s always a chance the court might, you know, enforce it.
I wonder how many burritos a former Chipotle GM accused of stealing $626 can buy with her $7.97 million jury award
Spoiler alert: A lot.
Yep, last Thursday, a California jury awarded $7.97 million to a woman who claimed that he employer fired her in retaliation for claiming workers’ compensation benefits.
And even though the case settled on Monday, while you were getting your blockchain on, I think that the plaintiff can spring for extra guac…for all of us. Continue reading
How a fired employee’s Facebook posts about Obama and “a thug” led to a $1.5M jury award — UPDATED
[After publishing this post, I was contacted by counsel for the City of Charlotte. It seems that some of the facts in both this post and the underlying reports upon which I based this post don’t tell the full story. So is this … (pause) … “Fake News”?!? Here is a follow-up post I ran based on the information the City attorney provided me.] Continue reading
Which of you hot shot lawyers wants to join an employment law panel with me?
You folks in HR don’t have to read any further. Go do yeoman’s work today by putting the “human” in human resources. Or whatever it is you do each day.
But, the lawyers. Let’s see if I can thaw some of your icy hearts with an irresistible invitation and offer.
Orange Crushed! Jury awards $277,565.44 to a diabetic employee fired for drinking OJ at work
Earlier in the Summer, I blogged here about this federal court opinion, recognizing that a convenience store may have violated the Americans with Disabilities Act by firing a diabetic cashier.
The facts showed that the diabetic cashier twice violated the store’s grazing policy by removing bottles of orange juice from the store cooler without immediately paying for them. Except, she may have taken the OJ, because the store otherwise refused to accommodate her disability. Continue reading
Court says employee’s Facebook page on race stereotypes is fair game at trial
Many times — most recently last Friday — I’ve discussed instances in which the 24/7 world of social media has cost individuals their jobs.
But, here’s a little twist. Earlier this month, a Pennsylvania federal court ruled here that a plaintiff’s Facebook page called “Yo know yo ass is from the da hood,” could be used by a defendant-employer to impeach an African-American employee’s claims of race discrimination and retaliation at work.
Do you force employees to arbitrate class-action claims? Then, you should read this…
As I think about all of the agreements with arbitration provisions that I’ve drafted for clients over the years.
***wipes brow, tugs collar, clutches pearls***
Court won’t let jury see plaintiff’s trial-victory prediction on Facebook
Oh, come on! What fun is that?
What did the plaintiff say and why won’t the court allow the defendants to present it as evidence at trial? Find out after the jump…
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George Zimmerman trial lessons: How not to use social media
You see, in certain instances, a trial witness’s social media breadcrumbs may undermine her credibility and score points for your client. But when the witness — and the lawyer trying to impeach the witness with her social networking activities — display as much combined tech savvy as J-Lo’s PR machine, hilarity trouble may ensue:
(h/t @PhilipMiles)