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Monthly Archives: March 2012

Did You Know…You Cannot Ask Applicants or Employees For Their Facebook Password

Posted in Privacy, Social Media

On March 23, 2012  Facebook issued a statement regarding “employers or others seeking to gain inappropriate access to people’s Facebook profiles or private information.”  The social media network asserted that “if you are a Facebook user, you should never have to share your password, let anyone access your account, or do anything that might jeopardize… Continue Reading

Did You Know…Restrictive Covenant Can Be Imposed Against Former Employees to Protect Trade Secrets

Posted in Trade Secrets

On February 3, 2012, PSI filed a complaint against one of its former employees, Steven Souza, alleging claims for violation of the Computer Fraud and Abuse Act, violation of California Penal Code section 502, breach of contract, breach of loyalty, breach of the implied covenant of good faith and fair dealing, misappropriation of trade secrets,… Continue Reading

Did You Know…NLRB Regional Offices Won 87% of Unfair Labor Practice Cases in 2011

Posted in National Labor Relations Board

On March 8, 2012, summarizing the National Labor Relations Board’s activities in 2011, the Acting General Counsel issued a report stating that NLRB regional offices won 87 percent of unfair labor practices cases litigated before the board and administrative law judges in whole or in part in fiscal year 2011.  The report noted that (1)… Continue Reading

Did You Know…Loose Lips Sink Ships

Posted in Age Discrimination, Stray Remarks

Does an age-related comment made soon before an employee’s termination constitute a stray remark or evidence of discrimination?  The EEOC is arguing it is evidence of age discrimination with respect to a 71-years old employee.   In October 2011, a New York federal judge rejected Bruton Fried’s claims under the Age Discrimination in Employment Act and New York… Continue Reading

Did You Know…Employees Must Preserve Documents When a Litigation Hold is in Effect

Posted in Litigation Holds

In Moore v. Gilead Sciences, Inc. [PDF], the Northern District of California sanctioned a former employee/whistleblower for destroying more than 10,000 documents on his company-issued laptop.  The employee had “wiped” his hard drive several times—both before filing a complaint against his former employer and then again once after the company issued a litigation hold notice. … Continue Reading