Employers Need To Be Careful To Avoid Waiving The Protections Of Written Computer And Email Policies

The Ninth Circuit's June 18, 2008 decision in Quon v. Arch Wireless Operating and The Ontario Police Department serves as a reminder that employers can inadvertently waive the benefits of such policies.

The plaintiffs sued both Arch Wireless and The City of Ontario, as well as some individual defendants.  In pertinent part, the Court held that in light of the lieutenant's informal policy that he would not audit a pager if the user paid the overage charges, the plaintiffs had a reasonable expectation of privacy in their text messages as a matter of law – notwithstanding the City's written policies to the contrary.

This case cautions employers that it is possible to lose the benefits of their written computer and email policies.  mployers wishing to maintain their rights should ensure that managers and supervisors do not inadvertently undermine the policies by adopting inconsistent practices or making inconsistent promises to employees.

http://www.dol.gov/opa/aboutdol/lawsprog.htm#migrant

http://www.laborlawyers.com/shownews.aspx?Louisiana-Immigration-Law-Creates-New-Protections-Penalties-For-Employers&Type=9871&Show=14233&PrintPage=True

Because now they see Americans as the evil trying to bring harm and lack to them not the NA. The rash of hits against illegals has been used to turn Hispanics to the NA and against the USA. Can we see how easily they "herd" us by leading us into "ideas" that "others" are trying to do us harm vs. the NA who is destroying us? Yes, the illegal situation was out of hand but it was also aided by tho...se in the NA to increase it so they we would stand up and turn on it making them (the NA) the defended and hero and now on the positive side of the vote. We have to be led by our minds and our hearts not our anger and emotions. To handle the job at hand fairly and as it should be legally and within the American structure. The hate riots/groups fighting against the hispanics has brought us more harm than good in the war against the NA and its takeover of our nation. It is time America got a grip on reality and not on discrimination but on th fairness of building America and suffering some set backs by those seeking necessity's of life but an accountability on those who would create havoc for the purpose of using it for such as this to harness our American people. May God have mercy and help us to see that which is right before our eyes so that we might rightfully do so within reason and within the borders of safety for all involved. Love thy neighbor not hate or use then as an outlet for the stress or emotions we cannot handle within ourselves. America can contain and handle so many and the line then has to be drawn but not out of hate for tose seeking food and shelter, healthcare and security but because it is the law and it is all that we can do for others. Let us return the factories Clinton removed from the borders. We can help in so many ways that will unburden both America and the Hispanic population.

Cases Where Criminal Background Checks Could’ve Saved Lives

Jane Doe vs. TK Pizza

TK Pizza, owned by Domino’s Pizza, employed a man named David Taitte who had been in prison 16 times and had a history of sexual assault, both of which would have disqualified him from working for TK Pizza. They did not conduct an employee background check. Mr. Taitte is now serving 25 to 30 years in prison for sexually assaulting a customer in her home while delivering a pizza. The emotional trauma suffered by the plaintiff will remain with her for the rest of her life. She had also been sexually abused as a child and previously raped as an adult.

Melissa Danielle Jennings vs. TGM Associates Inc.

Ms. Melissa Jennings was murdered in 1999 by the apartment maintenance man employed by TGM Associates Inc. If the complex property managers had done a criminal background check, they would have discovered that the man had a prior rape conviction and that he spent most of his life in prison. At the time of his employment, he also had a warrant for his arrest due to theft check charges. Ms. Jennings’ life could have been saved, as well as much hardship faced by the property management company, who has to pay $13.2 million in retribution for their shortcomings.

Dr. Kerry Spooner-Dean vs. America’s Best Carpet Care

Doctor Spooner-Dean was a pediatrician living in Oakland, California, where she was brutally stabbed to death by Jerrol Glen Woods, a carpet cleaner employed by America’s Best Carpet Care. He had a long criminal background dating back 30 years involving low-rent thefts, robberies, rape convictions, and bank robberies. No background check was conducted and Mr. Woods is suspected of committing similar crimes in other neighborhoods around Oakland. Luckily, after the death of Doctor Spooner-Dean, he is convicted for life without parole.

Rebecca Nieto & eHarmony, Inc

eHarmony claims to be “America’s #1 Trusted Singles Online Dating Site,” but Rebecca Nieto claims that sex offenders are taking advantage of the site to find their next victims. Rebecca was sexually assaulted in her home within one week of meeting Dustin Trickett online in 2006. After escaping the incident by screaming and running out of her home for help, Rebecca did some investigating of her own while waiting on a response from eHarmony. She found that Dustin Trickett was a registered sex offender. These cases happen all the time, so people using an online dating service should be extremely cautious in displaying private information such as home addresses and phone numbers online. eHarmony explicitly states it does not do background checks on its members because it would imply a false sense of security.

Mary Ruth Bales’ Story

Eighty-year-old Mary Bales was beaten to death in her home by an ex-convict who was working as a plumber in Missouri. In this case, had the plumbing company, Reddi Root’r, conducted a background check on Wesley Purkey, they would have exposed that he spent the last 25 years in prison for violent felonies including assault and kidnapping, burglary, and aggravated robbery. It’s just not common sense to allow a man with such a history of violence to enter people’s homes without supervision or a simple background check. Mr. Purkey collected $90 from Mary Bales after repairing her sink and left to go buy drugs. After clearly being under the influence of drugs, he returned to Mrs. Bale’s home, robbing her and then beating her to death.