Monthly Archives: August 2010

Social Media Advisor – 15 Minutes of Steven Slater for the Sake of Employment Law

Are you tired of the press surrounding the Steven Slater incident with his employer, Jet Blue?   The coverage of Mr. Slater’s airplane exit due to apparent stress, and becoming fed up with an airline passenger, has been nothing short of

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Posted in Act, ADA, advisor, Americans, Disabilities, Employment, Family, FMLA, slater, stress

Social Media Advisor – Personal E-Mail, Personal E-Mail Account, Company-Owned System

Can an employer lawfully monitor personal e-mail messages sent by an employee through the employee’s personal, password-protected web-based account if such messages are sent using the employer’s computer?    Court decisions over the past few months suggest problems for employers who

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Posted in advisor, Employment, monitoring

Social Media Advisor – Playing Nostradamus With Employment Law

We all spend a lot of time analyzing legal developments occurring in the recent past, as well as those that have just happened.   Often neglected is the anticipation of where the legal trend will be taking us in the months

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Posted in advisor, avatar, Employment

Social Media Advisor – Keeping It Short And Tweet

  Your employee is being paid millions of dollars each year to perform his job. Right in the middle of today’s tasks, as he is about to receive instruction from his supervisor, your employee takes out his cell phone and posts

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Posted in Employment, NFL, Twitter

Early Dismissal: The Plaintiff’s Destruction of Computer Files Leads to Dismissal as a Sanction

Although the imposition of sanctions for misconduct involving electronic discovery continues to gain momentum, it is still rare that courts turn to the ultimate sanction: the dismissal of a lawsuit. One plaintiff in an Illinois tort case left the court with

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Posted in destroy, dismiss, files, preservation, Sanctions, spoliation

Social Media Advisor – Old Claims Still Exist in New Social Media Context

                          One of the difficult things to predict with regard to the use of social media in the employment setting continues to be the extent to which traditional legal claims apply equally to new social media outlets.   We continue

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Posted in Defamation, Employment

Social Media Advisor – FTC Says To Be Careful What Your Employees Say

                        Many commentators – including us – have analyzed and described the potential perils to employers in conjunction with the use of social media.   The focus of many of those discussions has been centered on issues such as potential liability for

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Posted in Commission, Employment, Federal, FTC

Social Media Advisor – What Shirley Sherrod Can Teach Employers

                           The circumstances surrounding the forced resignation this month of Shirley Sherrod from the United States Department of Agriculture highlights both the positives and the perils of making employment-based decisions based on information obtained from the Web.                         We

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Posted in Employment, Sherrod, Shirley
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