Loss Or Destruction Of Personnel File

In a case before a Massachusetts Superior Court, an employee sued when he was fired for raising concerns about possible financial improprieties. While the Court allowed plaintiff to proceed on some claims, the Court dismissed claims for reckless or negligent loss of his personnel file. The Court found that while Massachusetts law requires employers to preserve personnel files, the law does not create a private right of action against the employer for failure to keep such records.

Why This Is Important... While all Massachusetts "employers" (as the term is defined by the statute) must preserve personnel files so that employees may review the files and can be penalized for failing to do so, employees cannot recover damages against employers that fail to follow the law.

False Harassment Claim Gives Rise To Defamation Action

The Supreme Court of Virginia recently held that where an employee is falsely accused of sexual harassment, the employee making the false accusations may be liable to the accused employee for defamation. The accused employee sued the woman for defamation claiming that the publication of a memorandum was done maliciously. The Court agreed with the accused employee and awarded him $152,597 in compensatory damages and $125,000 in punitive damages.

Why This Is Important... While this case is a victory for employees falsely accused of sexual harassment, it is also a reminder to employers to be mindful of the law of defamation. Defamation suits by employees against employers have become more common.

Domain Names Can Infringe Trademarks

A U.S. District Court issued a preliminary injunction ordering The Comp Examiner Agency, Inc. ("TCE") to stop using the domain name JURIS.COM or any confusingly similar variation for the advertising, operation or maintenance of TCE's Internet site or bulletin board address on the ground that the domain name was confusingly similar to the defendant Juris, Inc.'s federally registered mark, JURIS.

Why This Is Important... This case is significant in that it applies traditional trademark infringement principles to domain names. Rather than treating domain names as mere "addresses," the decision treats them like trademarks and, as such, a trademark owner can enforce its rights against third-party use of a confusingly similar domain name.

ADEA Settlement Developments

Recent cases have had significant impacts on the settlement of age discrimination cases under the Age Discrimination In Employment Act. Active Nicolai Law Group clients have received a memorandum which describes these developments and their effect. If you would like a copy, e-mail us and we will be happy to send you one.