Posts Tagged ‘Employment’

Employer not allowed to search for porn on employee’s home computer

In re Jordan, — S.W.3d —, 2012 WL 1098275 (Texas App., April 3, 2012) Former employee sued her old company for subjecting her to a sexually hostile workplace and for firing her after she reported it. She claimed that she had never looked at pornography before she saw some on the computers at work. During [...]

Teacher fired over Facebook post gets her job back

Court invokes notion of “contextual integrity” to evaluate social media user’s online behavior. Rubino v. City of New York, 2012 WL 373101 (N.Y. Sup. February 1, 2012) The day after a student drowned at the beach while on a field trip, a fifth grade teacher updated her Facebook status to say: After today, I am [...]

Employer did not violate employee’s privacy by accessing personal laptop

Sitton v. Print Direction, Inc., — S.E.2d —, 2011 WL 4469712 (Ga.App. September 28, 2011) A Georgia court held that an employee using a personal laptop to conduct business for a competitor did not have an invasion of privacy claim when his employer busted him at work using the laptop to send email. Plaintiff-employee worked [...]

Former employer’s trade secret claim under inevitable disclosure doctrine moves forward

Copying of employer computer files central to trade secrets claim Mobile Mark, Inc. v. Pakosz, 2011 WL 3898032 (N.D.Ill. September 6, 2011) Defendant used to work for plaintiff. Before he left that organization to work for a competitor, he allegedly accessed plaintiff’s computer system and copied proprietary information to a laptop that plaintiff had loaned [...]

CFAA violation where employee’s access to work computer violated fiduciary duty to employer

Plaintiff former employer sued defendant former employee for violation of the Computer Fraud and Abuse Act, 18 U.S.C. 1030, alleging that defendant, while still in the employ of plaintiff, accessed confidential business information and destroyed other important data. Defendant moved to dismiss the CFAA claim. The court denied the motion. Defendant had argued that the [...]

Employee did not violate Computer Fraud and Abuse Act by checking Facebook and personal email at work

Lee v. PMSI, Inc., 2011 WL 1742028 (M.D.Fla., May 6, 2011) Former employee sued the company she used to work for alleging pregnancy discrimination. The company countersued under the Computer Fraud and Abuse Act (“CFAA”) alleging that the former employee violated the CFAA by using her work computer to access Facebook and check her personal [...]

Plaintiff failed to show that Facebook pics supported hostile workplace claim

Jabbar v. Travel Services, Inc., 2010 WL 3563112, (D.Puerto Rico September 10, 2010) Plaintiff sued her former employer for racial discrimination. The court granted summary judgment in favor of the employer, finding there was not enough evidence to go to trial on plaintiff’s claim. Plaintiff asked the court to reconsider the judgment against her. The [...]

Nefarious LinkedIn use finally makes it to the courts

TEKsystems, Inc. v. Hammernick, No. 10-99819 (D. Minn., Filed 3/16/2010). [Link to Complaint (PDF)] Here is an interesting lawsuit that is bound to convince some employers that social media is causing the sky to fall (to the extent they’re not thinking that already). Image via Wikipedia An IT headhunting company that does business in the [...]

North Carolina supreme court reverses employee hard drive removal decision

Removal of hard drive and false claim of copyright ownership in company website and catalogs were misconduct sufficient to disqualify former employee from receiving unemployment benefits. Binney v. Banner Therapy Products, Inc., — S.E.2d —-, 2008 WL 2370887 (N.C. June 12, 2008) I

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