Although my schedule recently has left little time for blogging, my fellow employment-law bloggers have been busy keeping readers up to speed with the latest and greatest stories impacting human-resources and management professionals. Here’s a sampling:
Social-Media and Employers
There’s an interesting article at Kroll OnTrack about social-media investigations. I’m often asked about best practices for employers to follow when conducting these investigations. Here’s what the author says about one of the biggest risks of social-media investigations:
It is important to note that not every piece of information on the Web is useable or defensible. Due to confidentiality, privacy and security concerns, most courts will not allow a person to falsely represent themselves as a “friend” to collect data. This is known as “friending someone under false pretenses.” If an individual accesses the private data of another under an alias, or if the person being “friended” is unaware of the individual’s true intentions, courts will not hesitate to disregard information obtained involuntarily or without a user’s actual knowledge.
Social-media policies continue to be a hot topic for employers and the education industry is no exception. Dan Schwartz at the Connecticut Employment Law Blog tells us how one school board in West Hartford, CT, is considering a social-media-usage policy for its teachers and staff.
There have been a great number of perspectives written about story of General McChrystal’s resignation. The Thomas More Institute’s Blog for All Seasons comes reviews the political story from a business-ethics perspective:
Any relationship between employer and employee must contain an understanding – both tacit and explicit – about loyalty. The employer will not cheat his employees by not writing their pay cheques, etc., and employees, in turn, will carry out their jobs responsibly and diligently. The understanding, of course, applies not only in such straightforward matters, but also to more complex ones: confidential corporate information; plans, strategies, etc. In extreme cases, where this relationship breaks down anarchy and chaos result.
Creative Pleading: Discrimination Against the Unborn
Philip Miles of Lawffice Space tells us of a case that definitely seems to be a contender for the most-bizarre-lawsuit-of-the-year award. The plaintiff has filed suit alleging pregnancy and religion discrimination, based on her claim that she was terminated because her employer believed that the plaintiff’s unborn fetus was creating a negative energy field in the workplace. You’ll have to read it yourself to believe it (or not).