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BusinessSafe - Law for Business

BusinessSafe - Law for Business

What is a Contract? Part 1 in a Series on Contracts

To define a contract, you must understand its elements: offer, acceptance, and consideration. A contract can be verbal or even written in an email, but there could be problems with proving the contract.

Can You Fire an Employee who Refuses to Participate in an Internal Investigation? The 2nd Circuit Says Yes.

When an employee is accused of misconduct, particularly when those allegations are criminal in nature, conducting an internal investigation is a best practice. But what is an organization to do when the alleged offender refuses to show up for an interview? May it go so far as to fire the employee, even if that means the employee loses out on benefits or other compensation? A recent case from the Second Circuit Court of Appeals says it can.

Case Exposes 12 Reasons to Have an Adequate Investigative Process

Recently, a court has allowed to go forward most of a case against the Roman Catholic Archbishop of San Francisco. The case alleges that the school did not investigate, refused to apply the ministerial exception defense, and did not find any formal religious decision-making process. What lessons can be learned here?

ADA - Part 2: When Is Requiring Examination Permissible?

Now that the Sixth Circuit has said that requiring a worker to get psychological counseling is equivalent to requiring a medical examination under the ADA, the question is when requiring such an examination is permissible anyway.

ADA - Part 3: When is a Psychological Examination a Business Necessity?

Requiring an employee to undergo psychological counseling may violate Americans with Disabilities Act as previously discussed in Part 1 and Part 2. The Sixth Circuit just issued another opinion in favor of the ambulance driver, Kroll. The Sixth Circuit was not too happy with Kroll’s employer. How can you demonstrate that counseling is “job-related and consistent with business necessity”?

Initial Concerns in Setting up an Investigation

InvestigatorA good investigation requires many complex skills that include managing the investigation, doing interviews, and making credibility determinations. A credibility determination requires the investigative team to analyze the facts and decide the truth of the matter, sometimes with conflicting evidence. The investigation must be done skillfully and must consider legal issues.

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