Emily M. Tortora

Latest Articles

We’ve previously explained the foolishness of trying to destroy or alter electronically stored information that qualifies as evidence in litigation. Why foolish?  Because the attempt implies a belief that such misconduct won’t be detected. When scrutinized by the right experts, the attempt will be detected; when properly presented to a court, it likely will be sanctioned. Take the recent case of Organik Kimya, San. ve Tic., A.S. v. ITC, an appeal from the U.S. International…
Part Two: State-Specific Provisions and Employer Policies for Vacation Payout at the Conclusion of Employment In states that allow “use-it-or-lose-it” vacation leave policies when employment ends, the details of your policy are key. This second installment of the two-part series on vacation leave payout explores the state-specific provisions for leave forfeiture, and the importance of an explicit vacation leave policy. Remember the three departing employees from our first post, whom you employed in three different…
Part One: Mandatory Leave Payout and Its Relationship to Traditional “Use-It-Or-Lose-It” Policies Bob decides the grass is in fact greener at another company, and resigns. Carla is fired for insubordination. Dan wins the lottery and quits without notice. Each now is demanding payment for accrued but unused paid vacation leave. While they worked for you in three different states, you thought this would be a one-answer-fits-all situation, because your organization’s “use-it-or-lose-it” policy applies across the board. Well, you…