Laura worked for almost seven years as a senior speech language pathologist for the employer until she was terminated for violating the employer's written policy prohibiting employees from posting on social media "during work hours, unless for specific and approved business purposes." Laura did not dispute that she was aware
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Pardalis & Nohavicka Employment Discrimination Law Update
Pardalis & Nohavicka Employment Discrimination Law Update: City Human Rights Law Does Not Consider Use of “N” Word a Petty Slight or Trivial Inconvenience Even When Not Directed to Complaining Employee. In Diggs v Oscar De La Renta, LLC, a temp employee (African-American) complained of the following conduct: twice on
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Pardalis & Nohavicka Criminal Law Update: Search Incident To Arrest
Court of Appeals holds that "search incident to arrest" doctrine, by its nature, requires proof that, at the time of the search, an arrest has already occurred or is about to occur. Where no arrest has yet taken place, the officer must have intended to make one if the "search
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Pardalis & Nohavicka Art and Criminal Law Update: The Pink Fairy and the Furtherance of Justice
The Defendant artist sprayed a single pink fairy on the public sidewalk in front of the Beverly J. Martin Elementary School, and was arrested for Making Graffiti (PL §145.60) and Possession of Graffiti Instruments (PL §145.65). The artist's attorney filed a motion to dismiss the case in the furtherance of
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When should a District Attorney bow out of a prosecution? Answer: When There is an Appearance of Impropriety. Okay, What the Hell is That?
In People v Adams, (2013), the NY Court of Appeals admonished that "an appearance of impropriety may arise when the record provides an objective basis to question whether the prosecutor is exercising pretrial prosecutorial discretion in an evenhanded manner." In that case, no actual impropriety occurred; but there was an
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