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Posts from March 2007.

Identity theft, which involves the stealing of personal identifying information, is a growing crime that impacts thousands of unsuspecting consumers. After an identity thief obtains personal information, it may be used to steal money from the victim’s accounts or make massive purchases on the basis of the victim’s credit. While identity theft clearly harms the victim, a ...

In a decision issued on Friday that should be of interest to all employers, the D.C. Circuit Court of Appeals agreed with the NLRB that an employer's confidentiality policy violated the Act. Cintas Corp. published a policy in its employee handbook under the heading "We honor confidentiality," which said that "[w]e recognize and protect the confidentiality of any information ...

In a recent case decided by the U.S. District Court in Oregon, the Court held that a 911 dispatcher who was fired for sleeping on the job could proceed with his ADA claim. The dispatcher, a long-term employee of the City of Salem, Oregon, suffered from sleep apnea, which he claimed caused him to occasionally fall asleep while working. The City had accommodated the plaintiff’s condition ...

If you are considering, or may in the future be considering, selling your privately held business, you should be aware of at least the following three things, to enhance the likelihood of maximizing the value you receive in a sale.

1.  Learn How Your Business is Valued and Points for Negotiating Value Now

Businesses are valued in many different ways — multiples of earnings, book value or ...

In a recent Sixth Circuit opinion, Denczac v. Ford Motor Co., the Court acknowledged the legitimacy of "essential job functions" under the ADA which were based, not on written job descriptions, but on the testimony of Ford management personnel that its production quota was essential to all of its production jobs. The Court also recognized that, in an automobile manufacturing setting ...

In a recent case decided by the Seventh Circuit Court of Appeals, Repa v. Roadway Express Inc., the Court upheld summary judgment in favor of a plaintiff who claimed that her employer, Roadway Express, violated the FMLA by substituting accrued paid leave for a portion of her FMLA-qualifying leave.

The plaintiff requested and took six weeks of leave under the FMLA for a serious health ...

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