In a recent decision, a federal court in California found it unlawful for an employer to monitor an employee’s key strokes in order to obtain his password to a personal email account. The U.S. district court found this action violated the Electronic Communications Privacy Act, passed in 1986. The decision, Brahmana v. Lembo
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Judge Kent resigns
By Thomas J. Crane on
Posted in General
Judge Kent decided to resign, after all. Apparently, he decided resignation was safer than impeachment. Judge Kent, you will recall, was essentially found guilty of sexually harassing his court staff. I discussed his case a couple of times before.
Do not Take Things That Do not Belong to You
By Thomas J. Crane on
Posted in General
The better clients come to see me with documents in hand, sometimes boxes and boxes of documents. This is the client who wants to be prepared, who seeks to have some control over the outcome of a potential lawsuit. Some, some very few, will come see me with documents they obtained from their employer. Is…
Judge Gets too “Friendly” on Facebook
By Thomas J. Crane on
Posted in General
Hard to believe, but a judge ‘"friended" a lawyer on Facebook. The lawyer was appearing before the judge in a case. The judge in North Carolina would respond to comments from the lawyer about the case. See story as reported by Delaware Employment Law Blog. Yea, I would call that "ex parte" communication with…
Court Rules Tips Should be Shared
By Thomas J. Crane on
Posted in General
You’re a waiter. Do you split your tips with the bussers? How about with shift supervisors? In a recent decision, the California appeals court found that the public expects the tips collected in a tip jar at Starbucks would be split with the shift supervisors. I don’t know what I expect when I leave…
Its Never Too Early to Start Looking for a Lawyer
By Thomas J. Crane on
Posted in Discrimination, General
Aaron Ramirez in Dallas discusses the issues in finding a plaintiff employment lawyer. Aaron is a plaintiff employment lawyer in Dallas. He adds to what I said previously. He presents some very helpful information. This info is just as true for San Antonio and South Texas as it is for Dallas and North…
Justice is not Always Blind
By Thomas J. Crane on
Posted in General
Its a repulsive case, one in which a large company was able to effectively buy "justice." Highlighted on 60 Minutes and elsewhere. Now, the US Supreme Court has spoken and found in favor of the good guys. Caperton v. AT Massey Coal Co. Inc. But, as Mike Maslanka points out, it could lead to other issues, such…
Jerks at Work
By Thomas J. Crane on
Posted in General
Jerks at work cause all sorts of problems. It is worse when the jerk is your boss. But, ultimately, the jerks will cause enough issues that most employers would agree they need to go. The good news is that according to at least one source, the nice boss gets his/her way more…
Employers can Ignore the Law *if* They do not Mind the Consequences
By Thomas J. Crane on
Posted in General
Clients often have the strangest notions. They actually think that if the law says something, then the employer must do what the law says. I have to break the news to them: employers can ignore the law. Yes. Employers can ignore the law if they do not mind the consequences. Employers do it all the…
Follow the Golden Rule
By Thomas J. Crane on
Posted in General
"Do unto others as you would have others do unto you" The famous words known as the golden rule. Its a Christian precept designed to encourage us to treat others as we would like to be treated. Unfortunately, in the work place, we must sometimes treat others as we must in order to survive, or…