LexMonitor

10 Tips on Defensible DocumentationI am often asked for tips on documentation practices that are “legally defensible.” Truthfully, the recipe for legally defensible documentation begins with common sense and ends with a consideration of who your audience will ultimately be. Unfortunately, I can’t h...

Common Mistakes in Documentation and RecordkeepingYour company’s record keeping and document retention practices will often be the difference between winning and losing a lawsuit. Over the years I have seen a variety of areas where employers and human resources professionals get themselves in t...

Scolari's settles sex harassment lawsuitScolari's is a food and drug store with 19 outlets in northern California and Nevada. The company just settled sexual harassment claims made a group of women for $425,000.00. According to the Equal Employment Opportunity Commission (EEOC), "Some Scolari's...

Keystone Dental settles UTSA claim for $2 millionIf you are not familiar with the Uniform Trade Secrets Act (UTSA) and you are in business, perhaps, now is the time. UTSA claims are on the rise and the damages that can be paid out on these claims tend to be huge. They can include double damages,...

Sizzler gets burned for $300,000Sizzler USA just settled a sexual harassment lawsuit in which a former employee alleged she was the subject of sexual harassment in the form of unwelcome touching, unwelcome comments and physical threats. In addition to unwelcome comments about her body, the...

When will they learn?I have been doing this a long time. Every once in a while, in a moment of idealism,I start to believe that maybe, just maybe, every employer in the country is starting to get a clue when it comes to issues of sexual harassment. Then I read an article like this one posted at...

Facebook comment leads to settlementAlthough I don’t make it a habit of discussing cases that don’t involve claims under state or federal law, I came across an article while reading a London newspaper. The case was of interest because it seemed to be the perfect storm of what not to do.  Sarah Whit...

7th Circuit: Joint Employer Doctrine in context of the FMLAEmployer's that employ 50 or more employees in a 75 mile radius ( as the car drives not as the crow flies) must comply with the Family Medical Leave Act (FMLA).  In enacting the FMLA, Congress understood that small employers are always able ...

New WISHA poster availableThe Washington Department of Labor and Industries has announced that it has a new mandatory poster that must be posted by all employers in Washington State. To get the poster, click here. If you are not sure you have all Washington State required posters click here.To get...

No Match Letter does not give right to fire.Aramark employs approximately 170,000 people in the United States. In 2003, Aramark received notice from the Social Security Administration (SSA) that 3,300 of its employees did not provide social security numbers that matched those in the SSA database. ...