In the Matter of the Claim of Jay Osborne, 102 A.D.3d 1048 (3d Dep’t Jan. 24, 2013): In this case, the plaintiff was terminated for violating his employer’s policy against personal use of the Internet during work hours because he allegedly utilized his work computer to “surf the web.” The Unemployment Insurance Appeal Board (UIAB) reasoned that his actions “had not risen to the level of disqualifying misconduct because the Internet usage was unintentional.” In affirming the UIAB’s decision, the Third Department held that the UIAB did not err by crediting the plaintiff’s testimony that he “never intentionally engaged in personal Internet use on his work computer” and instead was (1) using the Internet for work-related reasons, (2) his Internet usage “resulted from pop-ups beyond his control,” or (3) other employees utilized his computer. This case reiterates that employers who discharge employees for improper Internet usage should retain documentation or other evidence reflecting the personal Internet use; if employers fail to do so, employees may easily cite to other potential explanations in this technology-based age.
The Department of Homeland Security (DHS) has proposed a new fee schedule designed to mitigate an approximate $1.3 billion shortfall in the annual budget of U.S. Citizenship and Immigration Services (USCIS). According to DHS, immigration fees would increase by a weighted average of 21 percent across the board. In reality, however, the fee changes would not affect all immigration benefits equally. Fees for some commonly used classifications are set to go up significantly.
On December 4, 2015, the Texas Supreme Court vacated a jury verdict in favor of a former employee who had alleged workers’ compensation retaliation, rendering judgment in favor of the employer and finding that the employee had not presented evidence that his termination had resulted from anything other than the uniform enforcement of a neutral absence control policy.
When Titans Clash: California Whistleblower Protections Trump Law on Review of Internal Hospital Staff Privilege Procedures
Health care employers face myriad challenges in complying with numerous laws—with physician hospital staff privileges and whistleblower issues not least among them. On the privileges side, a well-developed body of law provides rigid requirements on both sides of the employer-hospital relationship. On the whistleblower side, claims continue to expand and…..