You’d think that people would know better than to post a private conversations with one’s attorney over a public social network. Kaiser v. Gallup, Inc. (D. Neb. 7/8/14) (h/t We Know Next) is an ADA case. During discovery, the employer learned that the plaintiff had communicated, via Facebook, with her cousin-lawyer about her termination. The plaintiff claimed that the attorney-client privilege shielded the communications from discovery. The employer argued that the plaintiff waived the privilege through the public nature of the discussion on Facebook. When the plaintiff couldn’t show otherwise, the court ordered the communication to be produced.
No one should ever share confidential information on social media. Posting something on Facebook (or Twitter, etc.) is tantamount to publishing it on the front page of your local newspaper. If something is a secret, keep it that way by keeping it off social media.
Here’s the rest of what I read this week:
Discrimination
- Yes, sexual harassment plaintiff, you can shoot yourself in the foot. Here’s how. — from Robin Shea’s Employment and Labor Insider
- Is it discrimination to favor a workplace shortie (shawtie?) over her male subordinates? — from Eric Meyer’s The Employer Handbook Blog
- Court Upholds $3.7 Million Age Discrimination Verdict Against IBM — from The Employment Brief
- Sexual Harassment Claims May Arise As The Result Of Workplace Affairs — from Atlanta Employment Lawyer Blog
- Employment Law 101: Pregnancy Discrimination — from Texas Employer Handbook
- Do you engage in Ugly-ISM? — from Mike Haberman’s Omega HR Solutions
Social Media & Workplace Technology
- HR Emoji Etiquette — from The Tim Sackett Project
- The Dark Side of Silicon Valley: A Tech Space-Driven Drug Culture — from TLNT
HR & Employee Relations
- There Are Many Ways to Milk a Cow and Not All Are Protected Trade Secrets — from Trading Secrets
- Bill Introduced in House Would Create Federal Private Right of Action for Trade Secret Theft — from Trade Secrets and Noncompete Blog
- Is Your Non-compete Agreement Enforceable? Not Without a “Reasonable Competitive Interest?” — from Michigan Employment Law Advisor
- What It Will Take to Fix HR — from Harvard Business Review
- Looming labor and employment lawsuits: How do they affect your business? — from Employment Intelligence
Wage & Hour
- Senate Bill Seeks to Change FLSA Overtime Compensation Standards — from Employment Lawyer Blog
- LIRR Strike Averted, but Employers Should Remain Aware of Wage and Hour Requirements When Outside Events Prevent Workers From Reaching the Workplace — from Employment Matters Blog
- Dear Employers: We Have to Stop Sticking It to Pregnant Moms and Expectant Dads — from Jeff Nowak’s FMLA Insights
- Employers are dropping the ball on benefits education — from HR Cafe
Labor Relations
- Labor Unions Want Your Email System Too! — from Troutman Sanders HR Law Matters
- McDonald’s Already Knows How to Manage Its Franchisee Labor Practices — from Harvard Business Review
- Labor Disputes On the Rise in the US — from Blogging4Jobs
- The NLRB decison in Macy's: Resistance is futile. — from Michigan Employment Law Connection
- Top 10 NLRB Issues to Monitor the Rest of the Year — from Labor Relations Today
- How Many Unions Can Your Workplace Support? — from Vorys on Labor