mitigating liability

March 6, 2014

What’s Your Secret?

Thumb drives, cloud computing and personal devices have created easy ways to transport trade secrets, confidential, and proprietary information. The most common cases involve former employees taking information to new employers, your competitor. However, there’s a growing market of end users willing to pay for or trick employees into releasing confidential information. The first step employers should take is to deter- mine what should be protected. Next, refine policies to include those specifics, such as client names and contact information, sources for supplies, proprietary processes or formulas. Non-disclosure agreements benefit by including these specifics, not only because they are more […]
January 6, 2014

Time to face social media

The majority of employers in the United States do not have a published Social Media Policy. Social media is complicated, which is precisely why employers need to have a set of social media policies to establish boundaries and help employees navigate the systems. Policies and procedures need to work together. Social media is intertwined as another method of communication. Employers need to review all their policies to see if and where social media considerations need to be made and published. In the Debord v. Mercy Health System of Kansas, Inc. Nov, 2013 case, Sara Debord claimed she was retaliated against […]
October 31, 2013

Behaviors Lag Behind Policies

The purpose of the Women’s Bureau was to establish policies to promote the welfare of wage-earning women, improve their working conditions, increase their efficiency, and advance their opportunities. The Bureau was established by the Department of Labor in 1920, the year women won the right to vote and comprised 21% of the gainfully employed in this country. It grew out of an agency named Women in Industry Service which investigated the readjustment women were having after World War I. Like the Women in Industry Service, the Women’s Bureau investigated working conditions and industries accepting female employees. Subsequent reports by this […]
July 23, 2013

Liability depends on status of harasser

The risk of vicarious liability for harassment and hostile work environment looms a little less large as a result of a recent Supreme Court decision. Vance vs. Ball State University narrowed the definition of “supervisor.” Employers should not jump to the conclusion that only supervisors can cause liability in harassment or discrimination cases. Employers have the duty to provide a healthy and respectful work environment. The Supreme Court found Faragher v. Boca Raton and Burlington Industries, Inc. v. Ellerth instructive landmark sexual harassment cases. These cases established the need for employers to demonstrate a well- communicated policy and complaint procedure, […]