When cash went missing from a Popeyes Chicken franchise, an employee with a criminal history offered to strip naked to prove that she was not hiding the money. An Ohio appellate court concluded that her willingness to take her clothes off prevented her from suing for invasion of privacy:
Based upon the undisputed evidence, appellant voluntarily undressed in front of an assistant manager, while in a private bathroom, in order to show that she did not have the missing money on her person. Nobody asked her to undress. Rather, appellant was instructed that she did not have to undress, and she insisted in an attempt to exonerate herself. The expectation of privacy appellant now seeks to protect was lost when she undressed on her own volition.
The case is Turner v. Shahed Enterprises [pdf].
And now for something completely different…
Thanks to Cleveland Plain Dealer reporter Marcia Pledger for talking to me about social media, the NLRB, and the Hispanics United case. Her story—National Labor Relations Board sees increase in social-media complaints: Companies need guidelines—ran on this morning’s front page.
(Also, if you’ve not yet voted for the LexisNexis Top 25 Labor & Employment Blogs, what are you waiting for? September 30 will be here before you know it.)
Here’s the rest of what I read this week:
Discrimination
- Are pregnant employees entitled to reasonable accommodation? – from Robin Shea’s Employment and Labor Insider
- Ten Commandments of Religious Discrimination – from Manpower Employment Blawg
- This old mother****** may just have an age discrimination claim – from Eric Meyer’s The Employer Handbook Blog
- Fifth Circuit Recognizes Hostile Work Environment Claim Under Age Discrimination in Employment Act – from Russell Cawyer’s Texas Employment Law Update
- ADA Ruling: Employer Not Required to Create New Positions to Accommodate Employee with Broken Leg – from SmartHR
- Obama’s American Jobs Act to Prohibit Discrimination Against the Unemployed – from Phil Miles’s Lawffice Space
- Arbitrating employment discrimination claims in the collective bargaining context: the future is far from certain – from SCOTUSblog
- What does a picture perfect accommodation look like? – from Warren & Hays Employment Law Blog
Social Media & Workplace Technology
- I’m a “Mac” Girl! – from Smelling Some Roses (full disclosure, my wife’s blog)
- Client Service: Sometimes You Have to Be Available 24/7 – from Cordell Parvin Blog
- Distracted company drivers (using cell phones) are costly for employers – from Employment Law Bits
- Corporate Search Warrant Protocol: Email to Employees – from From the Sidebar
- Blocking social media sites won't stop “time thieves” – from The Globe and Mail
- Should Your Social Media and Business Systems Policy Prohibit or Limit Fantasy Football in the Workplace? – from Employment Matters Blog
- Flyers Cracking Down On “Business Hours” Tweets – from The 700 Level
- Facebook Will Now Have A “Director of Privacy” – from Kashmir Hill’s The Not-So Private Parts
- The ethics surrounding lawyers Facebook friending people in connection with litigation – from Work Matters
HR & Employee Relations
- How to Fire Someone Without Getting Sued – from i-Sight Investigation Software Blog
- Hot Topics in HR – from Stephanie Thomas’s The Proactive Employer Blog
- Calling All HR Experts: Help This “Evil” Company – from Michael Haberman’s Omega HR Solutions
- Is It Okay To @*^%$#@ Swear At Work? – from Workplace Diva
- How Much to Keep Your Mouth Shut – from Compensation Cafe
- Thanks for the Contract. Can You Tell Me What it Says? – from Tim Eavenson’s Current Employment
- Jury Waivers Anyone? – from Rob Radcliff’s Smooth Transitions
Wage & Hour
- Groupon Lawsuit: Guess the FLSA Infraction… – from The HR Capitalist, Kris Dunn
- What a “Racquet”—U.S. Open Umpires Sue For Overtime – from Wage & Hour—Development & Highlights
- How to Calculate Overtime for Salaried Employees Who Also Receive Commissions – from Wage & Hour Insights
- Trouble Wage & Hour Statistics from the Dept. of Labor – from Wisconsin Employment & Labor Law Blog
Labor Relations
- Get Your New NLRB Posting From … The NLRB – from Dan Schwartz’s Connecticut Employment Law Blog
- Coming to a Bulletin Board Near You on November 14th, Or Maybe Not… – from Michael Fox’s Jottings By An Employer’s Lawyer
- Is Protective Activity Protected? – from LaborRelated