Investigating and Monitoring Employee Conduct

Business Headlock.jpgFestivus – as introduced by Seinfeld – is a holiday celebration that included the “Airing of Grievances,” i.e., public criticism and pronouncements as to how a particular person has been a disappointment in the past year. 

The timing of holiday and year-end bonuses also often mark the beginning of a similar airing of

Eliminating IndividualsThe Detroit Free Press (by Tresa Baldas) reported that a former McDonald’s employee was recently caught stealing customers’ credit card information while working the drive through.

According to the criminal complaint filed in the Michigan Eastern District Court (PDF) the former employee, Teresa Pulliam, is charged with access device fraud after she was caught on video

Shredding Evidence

U.S. federal and state civil laws frequently overlap with criminal laws. This creates the opportunity for what is often referred to as parallel proceedings, e.g., simultaneous or successive civil and criminal proceedings.

As explained below, companies are often in a legal bear trap when caught in parallel proceedings because of the assertion of Fifth Amendment rights

The preliminary results of the U.S. Department of Labor’s National Census of Fatal Occupational Injuries for 2010 showed mixed results as to workplace violence.

Specifically, workplace homicides declined 7% in 2010 to the lowest total ever recorded by the fatality census. But workplace homicides involving women increased by 13%. 

Historically, 11,613 workplace homicide victims were

Porn Keyboard.jpgA recent denial of unemployment benefits in Berglund v Industrial Technology Institute (7/21/2011) offers important insight for both employers and employees when it comes to accessing Internet pornography in the workplace and technology use policies.   

Overview of Michigan Unemployment Benefits

Under Michigan law, an employee is disqualified from receiving unemployment benefits if he

Cost, Risk, Effort.jpgThe Wall Street Journal (by Joe Light) recently reported that departing employees are more disgruntled than ever. The article notes that based on exit interviews of more than 4,300 employees from 80 companies:

More than three-quarters of departing employees say they wouldn’t recommend their employer to others, the worst percentage in at least five years

YellowQuestionMark.jpgThe Detroit Free Press (by Dawson Bell) reported that Michigan’s Attorney General, Bill Schuette, and a coalition of lawmakers and prosecutors are calling Michigan’s medical marijuana law so poorly drafted as to be unworkable.

The focus of this criticism in large part is on the legality of medical marijuana dispensaries, the definition of a

Security Padlock.jpgA 2011 Sixth Circuit Court of Appeals opinion, underscores the importance of the Computer Fraud and Abuse Act plays in combating disgruntled employees who steal company data. This case also highlights important steps employers should take in protecting company IT infrastructure and digital information from internal threats.

In that case, the former employer worked in

Porn Keyboard.jpgPossession 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.”

Medical Marijuana.jpgThe 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