Employers may be held potentially liable for employees who operate an electronic device (hand-held cell phone, MP3 player, laptop, or GPS unit) while driving a company-owned vehicle or driving on the job. To limit their liability, employers should develop guidelines addressing this issue and strictly enforce compliance.
news | Schwartz Kelly Wins Jury Victory
We recently had the privilege of representing a surgical practice in defense of a claim brought by a former employee under New Jersey’s Conscientious Employee Protection Act (CEPA), one of the nation’s most liberal and pro-employee whistle-blowing statutes. The employee was fired for improperly removing confidential patient billing records without a rational explanation. While the employee attempted to convince a jury in Hudson County that she was fired in retaliation for whistle blowing about alleged “billing improprieties,” the jury didn’t buy it.
Instead, we were able to show the jury that the employee never bothered to tell her employer about “billing improprieties”, depriving her employer of the opportunity to examine her questions and take corrective action, if needed. As we reminded the jury: CEPA is about protecting an employee who “sticks her neck out” … who reports wrongdoing to her employer, so that the employer can do the right thing. The jury agreed unanimously finding plaintiff never told her employer about her billing concerns and she was fired legitimately.
While over 90% of employment cases settle before going to trial, isn’t it comforting to know that Schwartz Kelly, LLC can effectively present your side to a jury?
6/5/2007