Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Misconduct

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About that new “cat’s paw” decision . . .

Posted in Discrimination, Harassment, Misconduct, Retaliation, USERRA
Employers should beware of being too quick to believe an employee who accuses a co-worker of wrongdoing. If the accuser has an illegal motive (such as discrimination or retaliation), and if the employer is “negligent” in investigating before taking action against the co-worker, then the employer could be legally responsible. So says the U.S. Court of Appeals… Continue Reading

Weekly catch-up

Posted in eLaw, FOCUS, Misconduct, Non-Competes, Safety
Is a former employee stealing your data so that he can start competing with you? Can he get around his obligations by borrowing a password, or by having his partners in crime do it? You may have a friend in the federal Computer Fraud and Abuse Act. Billy Hammel of our Dallas Office and Susan… Continue Reading

Don’t be a “Streisand Effect” employer.

Posted in Misconduct
None of us is immune from the Streisand Effect. Not even employers. A real estate firm in Dallas sued its ex-bookkeeper, Jacqueline, for embezzling approximately $400,000 over a four-year period by writing checks to phony vendors and all the usual tricks. She generally denied the allegations, and apparently the parties didn’t do much discovery, so they… Continue Reading