UC and Social Media - How to Fight the Tough Cases
Upcoming SlideShare
Loading in...5
×
 

UC and Social Media - How to Fight the Tough Cases

on

  • 705 views

Unemployment Compensation has become a gateway for litigation of all different kinds; it has been further revolutionized by the use of social media and networking both in and outside the workplace. ...

Unemployment Compensation has become a gateway for litigation of all different kinds; it has been further revolutionized by the use of social media and networking both in and outside the workplace. Learn strategic practices on both when and how to fight these claims.

Statistics

Views

Total Views
705
Views on SlideShare
703
Embed Views
2

Actions

Likes
0
Downloads
3
Comments
0

1 Embed 2

http://www.linkedin.com 2

Accessibility

Categories

Upload Details

Uploaded via as Microsoft PowerPoint

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

    UC and Social Media - How to Fight the Tough Cases UC and Social Media - How to Fight the Tough Cases Presentation Transcript

    • LITIGATION AND SOCIAL MEDIA IN UNEMPLOYMENT COMPENSATION: FIGHTING THE HARD CASES
      DEIRDRE J. KAMBER, ESQUIRE
    • Copyright 2010 (c) Deirdre J. Kamber
      2
      • UC is a quick hearing in a small room.
      • Referees are not bound to the Rules of Evidence. These are hearings, not court cases.
      • These are the easy cases.
      UNEMPLOYMENT COMPENSATION: WHY BE CONCERNED?
    • 3
      • So, what’s the problem?
      • Referees view themselves as judges
      • The Rules of Evidence are now enforced
      • Many employers do not have up-to-date policies, AND
      • Employees (AND THEIR LAWYERS) are more excited than ever to bring “wrongful termination” and retaliatory discharge claims: UC is the new gateway to discovery of grounds for other claims.
      SO, WHAT’S THE PROBLEM?
    • 4
      OPPORTUNITIES GALORE
      • It is a chance to get information before bringing a claim.
      • Phishing expedition
      • Cheaper than litigation
      • Learn about defenses
      • No counsel involved
      • Sense of justice
      • It is a chance to get documents before bringing a claim or entering the discovery process.
    • 5
      UC: OPPORTUNITIES LOST
      • It is a chance to argue that the employer did not fight
      • It is a chance to argue that the charge of discrimination or lost the argument
      • It is a chance to argue that the employer
      • Did not assert termination for cause
      • Legitimate Business Interest
      • Pretext
      • At-will employment
    • 6
      USES OF UC IN OTHER LITIGATION ACTIONS
      • UC testimony is admissible in other actions
      • Prior inconsistent statement
      • Impeachment
      • Prior consistent statement
      • Sworn testimony
    • 7
      UC: FIGHT OR FLIGHT?
      • So, do we fight these cases or not?
      • What are the pros and what are the drawbacks?
      • If you fight them….
      • If you don’t fight them….
    • 8
      • Do we hire counsel or not?
      • Sometimes yes, and sometimes no
      • If it’s a complicated case or if you think it’s going toward more litigation, call counsel to be sure: they SHOULD BE GIVING YOU a fair estimate of your chances of success
      WHEN TO
      HIRE
      COUNSEL?
    • 9
      WHEN TO
      HIRE
      COUNSEL?
      • Do we hire counsel or not?
      • KNOW WHEN TO HANDLE THINGS YOURSELF AND KNOW WHEN TO HIRE OUT
      • Your lawyer should be teaching you how to handle cases on your own!
    • UC AND
      SOCIAL MEDIA
      10
      Copyright 2010 (c) Deirdre J. Kamber
    • 11
      OUR TIMELINE ON SOCIAL TECHNOLOGY
      • Where have we come from?
      • Where are we now?
      • Where are we going?......
      • Dave Carroll (United Breaks Guitars)
      • Huffington Post (United Breaks Guitars)
      • BP
      • Dirty Dominos
      • “Your Newest Asset”
    • Copyright 2010 (c) Deirdre J. Kamber, All Rights Reserved
      12
      The utilization of an online service,
      platform, or site that focuses
      on the building and reflecting of relations among people.
      Ibibo * Adult FriendFinder * Advogato * Amie Street * ANobii * ASmallWorld * Athlinks * Avatars
      Last.fm * United * Badoo * Bebo * Bigadda * Big Tent * Biip * Black Planet * Blogster * Broadcaster
      Yelp, Inc. * Youmeo * Zoo.gr * Buzznet * Café Mom * Cake Financial * Care2 * Classmates.com * Cloob * College Tonight * Couch Surfing * Daily Booth * Daily Strength * Decayenne * Deviant Art * DisABoom * Dol2day * DontStayIn * Draugiem.lv * Elftown * Epernicus * Eons.com * Italki * Experience Project * Exploroo * Facebook * Faceparty * Faces.com * Fetlife * Filmaffinity * Fledgewing * Flixter * Flickr * Fotolog * Friends Reunited * Friendster * Fruhstuckstreff * Fubar * Gaia Online * GamerDNA * Gather.com * Gays.com * Geni.com * Gogyoko *Hi5 * Goodreads * Gossipreport.com * Grono.net * Habbo * Hospitality Club * Imeem * IRC-Galleria
      InterNations * Itsmy * Iwiw * Jammer Direct * Kaioo
      Kaixin001 * KIwibox * LibraryThing * LifeKnot
      LinkedIn * Live Journal * Lunar Storm * MeetIn * Meetup.com * Mobikade * MocoSpace * Mouthshut *
      Live Mocha * MOG * Mixi * Jaiku * Multiply * Muxlim *
      MyAnimeList * My Church * My Heritage * My Life *
      My LOL * My Opera * MySpace * My Yearbook *
      Masza-klasa.pl * Netlog * Nettby * Nexopia * NGO Post * Ning * Odnoklassniki * OKCupid *
      One Climate * One World TV * Open Diary * Orkut * OUT Everywhere * Partner Up * Plaxo *
      Passportstamp * Pingsta * Playahead * Playboy U * Plurk * Present.lv * Qapacity * Quarter-
      Life * Qzone * Ravelry * Renren * ResearchGate * Reverberation * Ryze * Scispace * Shelfari *
      Skyrock * Social GO * Social Vibe * Sonico.com * Soundpedia * Stickam * StudiVZ * Super
      Nova.com * Tagged.com * Talent Trove * Talkbiznow * Taltopedia * TraveBuddy.com * Travel –
      Lertspoint.com * Tribe.net * Trombi.com * Tuenti.com * Tumblr * Twitter * V Kontakte * Vam-
      Pirefreaks * Viadeo * Vox * Wakoopa * Wasabi * Wayn * WebBIographies * WeOurFamily *
      Windows Live Spaces * Wiser Earth * Xanga * Xing * Xt2 * Yammer * Hyves *
      SOCIAL NETWORKING
      SOCIAL NETWORKING
    • 13
      News
      Articles
      News Reports
      Photo
      Albums
      Social Medium –
      a means for interaction, using accessible and scalable techniques, through web-based technologies, to make monologues into dialogues.
      From Media
      From Media
      Lined Paper
      Watch
      News
      to
      Social Media
      Lunch
      Breaks
      Filing/
      Labeling
      Bulletin
      Boards
      Coffee
      Breaks
    • 14
      • Expectations of Privacy
      • TMI
      • Online Business Relationships
      • 24-7 access to the Internet
      • Third Party Management (Cloud Computing)
      EMPLOYEE ISSUES WITH SOCIAL MEDIA AND NETWORKING
    • 15
      EMPLOYEEISSUES WITH TECHNOLOGY
      • 75% of employers use social networking sites such as Facebook, MySpace, or Twitter to research job candidates, according to a CareerBuilder.com survey. 
      • 70% of employers reported having refused to hire candidates based on content found on those sites. 
      • Even the Florida Board of Bar Examiners  suggested that bar applicants' web postings may reflect an “applicant's character and fitness not readily observable through the formal interview and application process.”
    • 16
      EMPLOYER MONITORING AND EXPECTATIONS OF PRIVACY
      • Employees should not expect privacy in their emails or Internet use at the office, or even at home where the workplace is implicated.
      • Employees should not have an expectation of privacy in Social Networking sites, such as Facebook.
      • However, if you do not have a policy or enunciate that policy, and a notice of monitoring, you may not be able to enforce it.
    • 17
      • An employer’s unauthorized search of employees’ private MySpace page is a violation of the Stored Communications Act. Pitrylov. Hillstone
      • Accessing personal webpages without authorization of the employees involved (i.e., getting access from a coworker) is not consent. Pitrylo.
      • An employer’s accidental review of workphone texts, in connection with a different investigation, may be permissible, even where the employee had an expectation of privacy in the texts. Quon v. City of Ontario.
      EMPLOYER MONITORING AND EXPECTATIONS OF PRIVACY
    • 18
      EMPLOYER MONITORING AND EXPECTATIONS OF PRIVACY
      • Individuals generally possess a reasonable expectation of privacy in their home computers.”).. Crispin v. Christian Audigier, Inc.,
      • There is a four step test for social media and policy “violations”:
      • Did the employer have a policy regarding the use of internet services in the workplace?
      • Did the employer place employees on notice of its intent to view content?
      • Did the employer actually follow its own policies?
      Id.
    • UC BEST
      PRACTICES
      19
      Copyright 2010 (c) Deirdre J. Kamber
    • 20
      UNEMPLOYMENT COMPENSATION(UC): BEST PRACTICES
      • How to handle the tough ones:
      • Prepare ahead of time – follow best practices IN the workplace.
      • Have relevant policies that are up to date and applicable.
      • Use your practices.
    • 21
      UNEMPLOYMENT COMPENSATION(UC): BEST PRACTICES
      • How to handle the tough ones:
      • Don’t do the PIMP MY RIDE version of policies.
      • Decide strategy up front. Are you going to fight this? What happens, pro and con, if you lose?
      • If you used policies, bring them along
      • Don’t try to apply policies after the fact
    • UNEMPLOYMENT COMPENSATION(UC): BEST PRACTICES
      22
      • Have signatures for employee handbooks
      • Employees are not all bad or all good; avoid the extremes
      • If you are testifying, make sure you’re credible
    • UNEMPLOYMENT COMPENSATION(UC): BEST PRACTICES
      23
      • There is power in numbers. But don’t take it too far.
      • If you lose, it isn’t the end of the world, in most cases, unless the decision is really unfavorable.
      • If you lose, and you chose to appeal it to the UCBR or to court, be ready for anything.
    • UNEMPLOYMENT COMPENSATION(UC): BEST PRACTICES
      24
      • Don’t bring every piece of paper on earth; think about whether each one could help or hurt you.
      • Know your referee’s rules.
      • Avoid “emotional” appeals.
    • 25
      UNEMPLOYMENT COMPENSATION(UC): BEST PRACTICES
      • On social media:
      • Have your policies in place
      • Use both your SNAPs and your Code of Conduct policies
      • Don’t just cut and paste webpages
      • Get authorizations
      • Have your chain of custody ready
    • 26
      UNEMPLOYMENT COMPENSATION(UC): BEST PRACTICES
      • On social networking:
      • Apply policies evenly and non-discriminatorily
      • Do what you say you are going to do
      • Write up employees when you find out about off-duty conduct relating to the company
      • Decide how serious the infraction is and be prepared to defend your disciplinary decisions
    • UNEMPLOYMENT COMPENSATION: FIGHTING THE HARD CASES
      Questions?
      Comments?
      Deirdre J. Kamber, Esq., CHP
      DKamber@FLBLaw.com
      610.797.9000 ext. 383
      27
      Copyright 2010 (c) Deirdre J. Kamber