Wednesday, September 12, 2012

Judge Orders Trial Witness Subpoena Served on Winess Facebook Page

Portage Michigan District Court Judge Robert Kropf entered an order for alternative service of a trial subpoena on the witness’ Facebook page. The trial attorney, Philip Ellison, had communicated with the witness early on in the case through Facebook. When the trial came around, the witness had returned to work for the defendant and was not making himself available for service of the subpoena. Service of process is required to compel a witness to appear for trial. Proof that the person was serve...

Trial subpoena on witness\' Facebook page

Tuesday, September 11, 2012

Failure to Disclose Sexual Harassment claim In Bankruptcy Court Bars State Court Lawsuit

A Macomb County woman’s sexual harassment claim against the Van Dyke Public Schools arising from the alleged sexual harassment of a co-worker was dismissed by Macomb County Circuit Court Judge Donald Miller (now retired) because she failed to disclose that the claim existed at the time of her earlier bankruptcy case.  She had knowledge of the sexual harassment claim but failed to disclose it when she made her disclosures under oath.  The Court found that such concealment was bad faith.

By tak...

More about sexual harassment...

Thursday, September 6, 2012

New Laws Regarding Use of Arrest and Conviction Records

EMPLOYERS SHOULD NOT CONSIDER ARREST RECORDS IN EMPLOYMENT DECISIONS NOR SHOULD THEY HAVE BLANKET POLICIES AGAINST HIRING PERSONS CONVICTED OF CRIMES.
Jane Doe was 19 years old when she was charged with prescription fraud.  She altered the quantity on a painkiller prescription she received for tooth pain.  She entered a diversion program and was able to avoid having a criminal record that would follow her for the rest of her life…or so she thought.  Ten years later, she was fired because the De...

Learn more about conviction laws...