From mmreturn@magnetdev.com Tue Jan 5 07:30:17 2010 Return-Path: Received: from mail35.magnet101.com (mail35.magnet101.com [209.18.93.35]) by smtp.XXXXXXX.XXX (8.14.3/8.14.3) with ESMTP id o05FUDgs025263 for ; Tue, 5 Jan 2010 07:30:16 -0800 Message-Id: <201001051530.o05FUDgs025263@smtp.XXXXXXX.XXX> Received: from MAGNETMAIL1 (172.17.35.1) by mail35.magnet101.com id h8ddgg0ir20i for ; Tue, 5 Jan 2010 10:30:11 -0500 (envelope-from ) Date: Tue, 05 Jan 2010 10:30:10 -0500 From: editor@principalinvestigators.org To: Subject: Your Issue: January 5, 2010 X-TokenInfo-NoToken: X-Bps1: 4644490748 MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="_NextPart_000_898625_201015_103010937" X-Proofpoint-Virus-Version: vendor=fsecure engine=1.12.8161:2.4.5,1.2.40,4.0.166 definitions=2010-01-05_09:2010-01-05,2010-01-05,2010-01-05 signatures=0 X-Proofpoint-Spam-Details: rule=notspam policy=default score=0 spamscore=0 ipscore=0 phishscore=0 bulkscore=100 adultscore=0 classifier=spam adjust=0 reason=mlx engine=5.0.0-0908210000 definitions=main-1001050106 --_NextPart_000_898625_201015_103010937 Content-Type: text/plain; charset="ISO-8859-1" Content-Transfer-Encoding: quoted-printable PI e-Alert features expert advice on managerial and administrative challeng= es which confront Principal Investigators in every field of science researc= h.=20 No. 10, January 4-8, 2010 Managerial: Charged with Defamation? =20 Reader Question:=A0=A0 One of my lab techs wants to transfer to another lab on our campus. Its PI= happens to be a good friend of mine. The employee wants me to provide a g= ood reference, but truth is she is irresponsible and I'm glad to get rid of= her. Do I dare write my colleague the truth about his prospective hire? W= ould I risk being charged with defamation? What about merely "whispering" = the situation to him over a drink? =20 =20 Expert Comments:=A0 There is an old joke that internal transfers are the easiest way to get rid= of a marginal employee and make him/her someone else's headache. Your dil= emma really is that "the someone else" is your friend. At the heart of wha= t you want to know is (1) whether there are legal repercussions if you spea= k your truth and (2) the etiquette around putting a close colleague on the = receiving end of your offloaded problem, if you don't. Maybe even more imp= ortantly is what you mean by "irresponsible" and whether that same trait wi= ll manifest in your friend's lab group? First off, let's put the legalities in perspective. Defamation is an expres= s or implied claim that puts an individual in a negative light. It has to b= e printed (libel) or spoken (slander) to a third party (published) to be ac= tionable. There is no doubt that speaking or writing derogatory informatio= n about another can provide an opportunity for them to sue you. The good n= ews though is that if you can prove that your statements are true, it is a = complete defense and you=20 View the remainder of the expert comments at: XXXXXXXprincipalinvestigators= .org/news.php Comments by=A0Susan Parker, J.D., President, Corporate Content, Inc Agree? Disagree?=A0Submit your comments at XXXXXXXprincipalinvestigators.or= g/news.php ??Preview of Next Week's Question?? No. 11, January 11-15, 2010 Reader Question:=A0 Often times I see vendors that offer an ipod orother gadget or gift certifi= cate if you purchase a certain amount of product. What are the rules regard= ing this when you are using federal grant dollars and are at a public Unive= rsity? Are the rules different depending on funding source or your employer? Submit your early-bird questions at XXXXXXXprincipalinvestigators.org/news.= php ________________________________________________________________________ Missed Last Weeks's Question? Reader Question:=20 A month ago I was flying to a convention of my research specialty in San Fr= ancisco, and in one of my checked bags was my notebook computer and three d= iscs of raw data (non-encrypted) on about 800 patients we have enrolled in = a clinical trial. But the airline lost the bag in transit. Of course, I fi= led a "lost bag" claim with them, but no trace of it yet. Little hope now. = I have heard there is some new law called HITECH that applies to lost data.= What should I do at this point? Should I already have done anything?=20 View the expert comments at XXXXXXXprincipalinvestigators.org/news.php ________________________________________________________________________ This issue was brought to you as a service by=A0Principal Investigators Ass= ociation. If you have general questions or comments contact us at=A0editor@= principalinvestigators.org. * Please note that in some cases the unsubscribe links in t= hese messages can become broken by the way that an email program displays t= he message. If you are having trouble unsubscribing you may also forward th= is message to unsubscribe@principalinvestigators.org=A0with the word 'remov= e' in the email message subject line. Principal Investigators Association=A0 3565 10th St N, Suite B Naples, FL 34103 USA (800) 303-0129=0A=0D*************************************= ************************* =0A3565 10th Street N, Naples, FL 34103 =0A****= **********************************************************=0AUse this link = to unsubscribe: XXXXXXXwww.magnetmail.net/Actions/unsubscribe.cfm?message_id=3D898625&user_= id=3DPRININVEST&recipient_id=3DXXXXXXXXX&email=3DXXX@XXXXXXXX.XXXXXXX.XXX&gro= up_id=3D421269 --_NextPart_000_898625_201015_103010937 Content-Type: text/html; charset="ISO-8859-1" Content-Transfer-Encoding: quoted-printable =09 < PI e-ALERT

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PI e-Alert <= font face=3D"sans-serif" style=3D"font-size: 7pt">features expert=20 advice on managerial and administrative challenges which confront=20 Principal Investigators in every field of science research.=20 If such matters are not of interest to you or your associates,=20 please accept our apologies and "unsubscribe" at the bottom of=20 the page.


No. 10, January 4-8, 2010

Managerial:

Charged with De= famation?

Reader Question:=A0=A0One of my lab techs wants to transfer to another lab on o= ur campus. Its PI happens to be a good friend of mine. The employee wants= me to provide a good reference, but truth is she is irresponsible and I'm = glad to get rid of her. Do I dare write my colleague the truth about his p= rospective hire? Would I risk being charged with defamation? What about me= rely "whispering" the situation to him over a drink? = =20

Expert Comments:=A0There= is an old joke that internal transfers are the easiest way to get rid of a= marginal employee and make him/her someone else's headache. Your dilemma = really is that "the someone else" is your friend. At the heart of what you= want to know is (1) whether there are legal repercussions if you speak you= r truth and (2) the etiquette around putting a close colleague on the recei= ving end of your offloaded problem, if you don't. Maybe even more importan= tly is what you mean by "irresponsible" and whether that same trait will ma= nifest in your friend's lab group?

First off, let's put the legalities in pe= rspective. Defamation is an express or implied claim that puts an individua= l in a negative light. It has to be printed (libel) or spoken (slander) to = a third party (published) to be actionable. There is no doubt that speakin= g or writing derogatory information about another can provide an opportunit= y for them to sue you. The good news though is that if you can prove that = your statements are true, it is a complete defense and you

View t= he remainder of the expert comments

Comments by=A0Susan Parker, J.D., P= resident, Corporate Content, Inc

Agree? Disagree?=A0Submit your comments

=A0

=A0

??Preview of Next Week's Question??=

No. 11, January 11-15, 2010

Reader Question:=A0O= ften times I see vendors that offer an iPod or other gadget or gift certifi= cate if you purchase a certain amount of product. What are the rules regarding this when you are using federal grant dollars and are at a public University? Are the rules different depending on funding source or your employer?


3D"Early-bird=A0=A0=A0= =A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0 =A0=A03D"Submit



=

Missed Last Weeks's Question?

Reader Question: A month ago I was flying to a convention of my research specialt= y in San Francisco, and in one of my checked bags was my notebook computer = and three discs of raw data (non-encrypted) on about 800 patients we have e= nrolled in a clinical trial. But the airline lost the bag in transit. Of c= ourse, I filed a "lost bag" claim with them, but no trace of it yet. Little= hope now. I have heard there is some new law called HITECH that applies to= lost data. What should I do at this point? Should I already have done any= thing?

=20

View t= he expert comments


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This issue was brought to you as a se= rvice by=A0Principal Investigators Association. If you have genera= l questions or comments contact us at=A0editor@principalinvestigators.org.

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