Philadelphia Employment Law News

STD Diagnosis an Employment Contract Breach In This Job?

Whatever your opinion of the porn industry itself, you probably have some feeling about who you think is out there working in it. Those feelings might be that it's likely that porn stars all have sexually transmitted diseases ("STDs") and are not the nicest of folks.

It is the stated policy of the porn industry that workers have a clean bill of health before shooting for a film. However, Mr. Marcus, an 18-year veteran of the porn industry, altered his test results and hid other results from employers after contracting and being treated for syphilis, according to AVN. Marcus' admission comes after the porn industry voluntarily shut down after a syphilis outbreak among a handful of performers, according to The Associated Press.

It seems as though Mr. Marcus breached his employment contract. What can happen if you breach yours?

Employment contracts generally outline the responsibilities and benefits of a job. Certain contracts spell out exactly how long the employment will be and whether there are conditions to employment.

Usually, these contracts have provisions that require you to use your best efforts in the position or forbid you from telling others about your current project. Sometimes these contracts will require you to be available for random drug testing or even health testing, depending on your specific line of work.

The contracts tell you what you can and can't do during your term of employment. Each contract will also provide for what happens if either party to the contract breaches, or violates, the contract. Some contracts allow for the ability to correct the breach or have a probation period. Other contracts require that the employee be terminated immediately.

Here, Marcus' breach of contract might be used as the basis for a negligence suit if someone was injured by his actions. However, contract law usually allows only for money damages to compensate for the harm caused by the breach. This breach, so far, doesn't seem to have harmed the production or its actors.

If you have a written employment contract, be sure to read it over carefully. This way you will know what your options are if you are accused of breach and know exactly how to avoid breaching it.

One of the easiest ways to avoid breaching an employment or other contract, is to not follow porn star Mr. Marcus' example and not cover up your employment-related problems. Although lucky you ... it's doubtful your employer has any business asking if you have an STD.

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