Penn State University put the issue of sexual harassment and abuse back in the news. What are your obligations when the individual being harassed isn't an employee but a member of the public? While it's an issue employers deal with less frequently than the harassment of employees, you have an obligation to protect the public from discriminatory...
Q It's holiday time again, which raises the annual question of whether to have an office party for our employees. If so, what should it look like? Please provide me with any suggestions you have on how we can minimize the negatives that accompany holiday parties (e.g., liability for the actions of misbehaving employees) while preserving and...
In addition to representing some of Maine's premier businesses, Brann & Isaacson is fortunate enough to represent many municipalities, school departments, and other public entities. We've watched many of them wrestle with not only the myriad rules and requirements that private employers have to comply with but also the constitutional...
Harassment is a word employers never want to hear. A long-standing question for many employers has been the extent of their potential liability for workplace harassment. An employer's liability for harassment under Title VII of the Civil Rights Act of 1964 may depend on whether the alleged harasser is a supervisor or just another coworker....
It's nearing the end of the year. You want to reward your employees for their hard work and dedication. But before you close up shop for the day to start the festivities or stage that after-hours holiday party, stop and think about the possible ramifications and what you can do to minimize the risk that your good intentions will sow a bad result...
Employees who are arrested for heinous acts may still recover unemployment benefits. Here's an example of how that can happen.
Facts
Charles Dammann worked as a presales representative for Chesterman Company for 15 years. On May 23, 2013, he was arrested and charged with first-degree rape. Chesterman suspended him that day and fired him on...
A 21-year-old male shift manager picks up a 15-year-old female employee from school, but instead of taking her to work as planned, they spend the next three days drinking alcohol, taking drugs, and engaging in sexual activities. Is the employer liable for its shift manager's off- duty conduct? No, says the 10th Circuit.
Shift manager 'parties'...
In a recent case, an employee who was required to use her own vehicle for work purposes caused an accident when she stopped for frozen yogurt on her commute home from work. The injured motorcyclist sued the employee and her employer. Is the employer on the hook for the accident?
Normally, an employer isn't responsible for an accident caused by...
In between work shifts, a Halliburton driller drove his company truck 140 miles to run errands with his family and was involved in a car accident that injured several people. In addition to suing the employee, the injured parties sued Halliburton, alleging the employee was commuting in a company vehicle when the accident occurred and was therefore...
Putting out HR fires, addressing personnel emergencies, handling employment nightmares—ahhh, the life of an HR professional is never dull. This column takes a moment to daydream about some unique personnel "bad dreams." In addressing each HR nightmare, we hope to provide a few useful insights and perhaps even a bit of humor.
Player's...
