Criminal Law

• Wrongful Death
  2 - the employer is sued for negligence and wrongful death by a surviving spouse or other relation (or all of them as in the OJ Simpson liability trial) where a jury will give the plaintiff a big award because the employer 'should have taken action but did not'."
• Sex Crimes
  1. Violence inflicted by unknown third persons or strangers who enter the workplace to commit a crime, such as sexual assault, robbery or murder.
• Fraud
  FACTA was designed to lower the risk of identity theft and consumer fraud. It enforces the proper destruction of consumer information, such as name, address, SSN, credit information. Also included in this bill is the necessity to destroy data compiled from this information.
• Robbery
• Theft
• Assault
• Murder
• Identity Theft
  The FTC is responding to the fact that identity theft is considered the fastest growing crime in the country, and this agency wants to prevent valuable consumer or employee information from being easily discovered and used for nefarious purposes with criminal intent.
• Restraining Order
  The Workplace Violence Safety Act may help reduce workplace violence before it occurs. One government estimates that between seven and eight million women are battered every year in the United States. It is also estimated that 75 percent of those women are harassed by the abuser while at work. These women receive threatening phone calls, e-mails, and are frequently stalked as soon as they leave the work site. Yet they are afraid to obtain a restraining order for fear that the abuser may retaliate--making a bad situation worse.
• Forgery
  Currently, employers are not allowed to inspect cards. Nor are employers permitted to litigate at a representation hearing issues such as fraud, forgery, or coercion in the union's obtaining of cards.

Employment Law

• Workers Compensation
  The Utah Court of Appeals recently ruled that employees who are injured while working at home are entitled to the same workers' compensation benefits as employees at job sites and in office buildings. This is in effect even if their injury occurs while they're engaged in activities only indirectly related to their employment.
• Wrongful Termination
  The number two impairment alleged are mental or psychiatric. (13% of charges) Of all the ADA violations alleged, wrongful discharge made up 51% of the charges, followed by "failure to provide reasonable accommodation with 28%.
• Employment Discrimination
  ADEA - After a worker was demoted and eventually fired for confrontational behavior the employee sued the employer under the Age Discrimination in Employment Act when he found out he was replaced by a younger worker. A court upheld the employer's decision based on the company relying on two doctors' evaluations that the employee could pose a threat to others. (Bush v. Dictaphon Corp., 6th Cir., WL 804524)
• Employment Litigation
  In other words, employers should wisely use this time given by this "temporary reprieve" to tighten up on their immigration employment issues.
• Sexual Harassment
  Employment law reference site for lawyers and human resource professionals. Articles, forms, policies and discussion forum on topics including age, race, and sex discrimination, sexual harassment, family and medical leave, employment at-will, wrongful termination, restrictive covenants, WARN and wage and hour.

Immigration Law

• Business Immigration
  Angelo Paparelli, a lawyer with Paparelli & Partners in Irvine, California, and president of the Academy of Business Immigration Lawyers has said, "Employers are not going to be free from criminal or civil investigations and prosecution. This is not a complete reprieve from the duty to comply with the law. Employers must make sure they're diligent in employment eligibility verification and reverification."