investigating employee misconduct

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

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

Knife Behind Back.jpgThe alleged (mis)handling of an employee’s complaints of wrong-doing by her former employer offers insight on how to avoid a subsequent whistleblower claim or, at least, be in a better position to defend against such claims. 

Specifically, a Metro Detroit Employment Law firm was recently sued for violating (ironically) various employment laws. The law firm

Social Media (2).jpgComputer Fraud and Abuse Act Claim (CFAA) against a former employee based on “excessive Internet usage,” including visiting Facebook was recently dismissed by a Federal District Court in Florida. 

Specifically, in Lee v. PMSI, Inc., the former employer claimed Wendi Lee, engaged in “excessive Internet usage” and visited “personal websites such as Facebook” and

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.”