Recently a Michigan federal court judge dismissed a case brought by a former Wal-Mart employee of five years and associate of the year in 2008, after he was terminated when a drug test was positive for marihuana. (Reported by Larry Gabriel of the Metrotimes). Mr. Casias had previously registered under Michigan’s statute to
What Should An Employer Do if Child Pornography is Discovered in the Workplace?
Possession of child pornography often involves a computer and is a serious crime. But what happens when that crime takes place on an employer’s network or company computer?
The thirteenth-century Spanish King Alfonso X said, “Had I been present at the creation, I would have given some useful hints for better ordering of the universe.”
Are Your Employees Going to Pot? According to the Numbers, Probably
The Detroit Free Press reported on April 21, 2011 (by Dawson Bell and John Wisely) that approximately 63,735 Michigan residents had registered to use marihuana for medical purposes under Michigan’s Medical Marihuana Law (Michigan spells marihuana with an “h”, rather than a “j”). There is also over a five-month backlog in issuing registration cards.
Based on the
Questions About the ADA Amendments Answered by EEOC Associate Legal Counsel
This past week at Michigan’s 36th Annual Labor and Employment Law Symposium, I attended a break-out session where Peggy Mastroianni, Associate Legal Counsel for the the U.S. Equal Employment Opportunity Commission (EEOC) answered questions and discussed the final regulations to implement the ADA Amendments Act. The ADA Amendments go into effect on May 24, 2011.
Recent Michigan Court Decision Highlights Weak Link in Enforcing Non-compete Agreement
A recent Michigan Court of Appeals Opinion dealt a serious blow to the enforcement of noncompete agreements. The Opinion invalidated a common provision found in such agreements and it illustrates that courts will closely scrutinize noncompete agreements for any weak links that may limit or otherwise invalidate these agreements.
Overview of Non-compete Agreements
Employers
Americans with Disabilities Act: The Times They are (likely) a Changin’
A panel of the Sixth Circuit Court of Appeals (the federal circuit that includes Michigan, Ohio, Kentucky, and Tennessee) recently gave employers the heads up that The Times They are a Changin,‘ or at least should be, when it comes to the standard for successfully making a claim under the Americans with Disabilities
A Short Checklist to Avoid a Disgruntled Former Employee Costing Your Company $200,000
A disgruntled former Gucci employee is reported to have caused in excess of $200,000 in damages to his former employer (as reported by Computer World) and now faces criminal charges.
Specifically, the New York District Attorney’s indictment alleges that Sam Chihlung Yin fraudulently obtained IT access after he was fired. From there, the indictment
Should Preventing Work Place Violence Yield to an Employee’s Right to Bear Arms?
Employers trying to reduce workplace violence involving guns are running into opposition from gun rights activists and state legislatures as noted in the April 4-10 Bloomberg Businessweek, A Bring Your Gun to Work Movement Builds.
Such legislation essentially forces employers to make a calculated choice between bad and worse: Violate gun laws or allow employees to
The Importance of Timely Preserving Email in Employment Discrimination: Part II
Part I of this post discussed the background of a party’s obligation to preserve email information in response to an employment litigation claim and when that obligation may arise. As explained in Part I, this discussion took place in the context of an employment discrimination claim against a prominent Detroit law firm Honigman Miller Schwartz