Confidential workplace investigations are under attack … by the EEOC?

Earlier this month, I took the NLRB to task for its holding in Banner Estrella Medical Center that an employer's request to employees not to discuss a workplace investigation with their coworkers while the investigation was ongoing violated the employees' rights to engage in protected concerted...

The more you know… Determining when a company knows that an employee engaged in protected activity

"The check is in the mail" is one of the world's oldest (and some would argue lamest) excuses. In Hicks v. SSP America (6th Cir. 8/3/12) , the employer tried a variation in an attempt to avoid an employee's retaliation claim. The employer argued that it was impossible for it have known...

Employers or employees: who owns social media accounts?

Courts and businesses are grappling over the issue of who owns a social media account-the company or the employee responsible for maintaining it. The most high-profile case is the ongoing dispute between PhoneDog and Noah Kravitz over the company's Twitter account (which Kravitz took with him when...

Silence can be golden when dealing with employee medical issues

"Regarded as" disability discrimination claims are supposed to be blind to whether an employee actually suffers from a physical or mental impairment that limits a major life activity. These claims protect individuals who are able to meet a job's requirements from an employer's perception...