Articles

Employers Will Not “Like” This!


Employers Will Not “Like” This!

These and similar questions were examined by the National Labor Relations Board and, not surprisingly, employers won’t like the decision reached. For my September 2014 post to Maximize Social Business, I explore the details of Sanzone and Spinella vs. Triple Play Sports Bar and Grille. I also provide a few insights to what this decision may mean to both employees and employers.

Does your business discipline employees for such posts? Does your company have policies regarding employee use of social media?

It’s About People: Contra Costa Lawyer Magazine


It’s About People: Contra Costa Lawyer Magazine

As many of you may know, currently I am a member of the Board of Directors of the Contra Costa County Bar Association (CCCBA). Our local bar association is one of the most vibrant and collegial associations in the state, and perhaps, the nation.

This summer I had the honor to serve as the official “Guest Editor” of the Contra Costa Lawyer magazine. Specifically, the September 2014 edition was devoted to Employment Law in its entirety. While I am an appointed member to the magazine’s Editorial Board, as Guest Editor of this edition, I had primary responsibility for lining up content for the magazine, reviewing submitted articles and writing the “Inside” column, which I titled “It’s About People”. Fortunately, I was able to rely on many amazing local employment attorneys in putting the magazine together, and I summarized their excellent work in my column.

I also had the privilege of writing only a few words (darn word count and page limits!) about our amazing Executive Director, Lisa Reep, who has devoted decades to the CCCBA and to serving our community. Lisa will be missed greatly. Thankfully, however, Theresa Hurley, who has been with the CCCBA for a few years, will take the reigns and serve as the next Executive Director, so we are in great hands.

Please feel free to contact me, or the CCCBA directly, to learn more about the CCCBA and the many programs it offers to the public and to attorneys.

Deleting Your Facebook Posts Could Cost You


Deleting Your Facebook Posts Could Cost You

Deleting Facebook posts may get you in hot water legally.

Most everyone has read about warnings concerning sharing too much information on social media and employees who have posted videos, photos or comments that have resulted in getting “Facebook fired.”

Most folks do not know, however, that deleting social media posts, can, if deleted at certain times, can result in Court sanctions. In my post titled “Former Employee Sanctioned For Deleting Posts on Facebook” for Maximize Social Business, I analyze a recent case from Nevada. Learn why a Court in a sexual harassment case instructed a jury against someone who deleted Facebook posts about her former employer.

Another Government Agency Addresses Social Media in the Workplace


Another Government Agency Addresses Social Media in the Workplace

In my latest post for Maximize Social Business, I summarize and analyze the impact of the public meeting and the issues that the EEOC highlighted. Ultimately, it is refreshing to know that most of the issues brought before the EEOC are ones that I have written about (and counseled my clients on) over the past several years. The EEOC’s interest in these issues, however, should serve as a reminder to employers that social media in the workplace will only raise more issues and pose more risks unless employers are proactive and avoid waiting for the EEOC to come knocking on the door.

A Single Facebook Post Results In $80,000.00 Loss


This past week mainstream press (not just employment law blogs) has been reporting on a single Facebook post by a Boston College student. Why? One of her posts resulted in a loss of $80,000.00 to her father. As it turns out, her post demonstrated that her father had violated a confidentiality provision in a Settlement Agreement he had entered into with his former employer after he brought claims of employment discrimination and retaliation.

This same week, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against CVS Pharmacy challenging the company’s standard severance agreement. The EEOC was particularly concerned with provisions it thinks trample on employee rights to discuss workplace issues, including the confidentiality provision.

In my most recent article titled “Can ‘Social Media’ and ‘Confidentiality’ Co-Exist In The Workplace” for Maximize Social Business, I analyze whether “social media” and “confidentiality” can really co-exist in a workplace, and how one Court ruled in favor of the confidentiality provision, while the EEOC challenges another. After you read the post, let me know what you think – did the Court get it right when it ruled against the Facebook poster and her family? Are the EEOC’s concerns valid, and if so, will employers be even more reluctant than ever to enter into severance/settlement agreements that will not contain confidentiality provisions?