Security Industry Updates

January 17, 2008

The following recent case decisions may be beneficial to your agency operations:

1. Generally, workers comp won't cover Florida employees when they're injured after leaving the workplace. But that's not the case if the employee left the premisies in an emergency to save life or property related to the business.
   
   When an employee pursued a suspect in the theft of company property and the pursuit continued off the company property and the employee was injured. On appeal the court ruled that such activity means the employee was considered to be at work and ordered benefits. (Deutsch v. Heritage Automotive Enterprises, No. 1D05-660, Court of Appeals of Florida.)
   
   
2. Employers who are sued may access the personnel records of prior employers to determine if the employee has a history of filing frivolous actions. Florida employers who are sued can subpoena personnel records of prior employers.
   
   "Prior complaints of discrimination, harassment or allegations could be relevant if the evidence shows such claims were frivolous." (Maxwell v. Health Center of lake City, No 3:05-CV1056, MD FL.)
   

Ben Poitevent, Esq.
Lobbyist for the Private Security Industry

June 18, 2014
May 9, 2013
October 12, 2011
March 24, 2009
August 1, 2008
March 14, 2008
February 13, 2008
February 2008
January 17, 2008
February 12, 2007