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.

1. LITIGATION AND SOCIAL MEDIA IN UNEMPLOYMENT COMPENSATION: FIGHTING THE HARD CASES DEIRDRE J. KAMBER, ESQUIRE

3. Referees are not bound to the Rules of Evidence. These are hearings, not court cases.

4. These are the easy cases.UNEMPLOYMENT COMPENSATION: WHY BE CONCERNED?

6. Referees view themselves as judges

7. The Rules of Evidence are now enforced

8. Many employers do not have up-to-date policies, AND

9. 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?

11. Phishing expedition

12. Cheaper than litigation

13. Learn about defenses

14. No counsel involved

15. Sense of justice

17. It is a chance to argue that the charge of discrimination or lost the argument

18. It is a chance to argue that the employer

19. Did not assert termination for cause

20. Legitimate Business Interest

21. Pretext

23. Prior inconsistent statement

24. Impeachment

25. Prior consistent statement

27. What are the pros and what are the drawbacks?

28. If you fight them….

30. Sometimes yes, and sometimes no

31. 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?

33. KNOW WHEN TO HANDLE THINGS YOURSELF AND KNOW WHEN TO HIRE OUT

36. Where are we now?

37. Where are we going?......

38. Dave Carroll (United Breaks Guitars)

39. Huffington Post (United Breaks Guitars)

40. BP

41. Dirty Dominos

43. 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

45. TMI

46. Online Business Relationships

47. 24-7 access to the Internet

48. Third Party Management (Cloud Computing)EMPLOYEE ISSUES WITH SOCIAL MEDIA AND NETWORKING

50. 70% of employers reported having refused to hire candidates based on content found on those sites.

52. Employees should not have an expectation of privacy in Social Networking sites, such as Facebook.

54. Accessing personal webpages without authorization of the employees involved (i.e., getting access from a coworker) is not consent. Pitrylo.

55. 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

57. There is a four step test for social media and policy “violations”:

58. Did the employer have a policy regarding the use of internet services in the workplace?

59. Did the employer place employees on notice of its intent to view content?

60. Did the employer actually follow its own policies? Id.

61. UC BEST PRACTICES 19 Copyright 2010 (c) Deirdre J. Kamber

63. Prepare ahead of time – follow best practices IN the workplace.

64. Have relevant policies that are up to date and applicable.

66. Don’t do the PIMP MY RIDE version of policies.

67. Decide strategy up front. Are you going to fight this? What happens, pro and con, if you lose?

68. If you used policies, bring them along

70. Employees are not all bad or all good; avoid the extremes

72. If you lose, it isn’t the end of the world, in most cases, unless the decision is really unfavorable.

74. Know your referee’s rules.

76. Have your policies in place

77. Use both your SNAPs and your Code of Conduct policies

78. Don’t just cut and paste webpages

79. Get authorizations

81. Apply policies evenly and non-discriminatorily

82. Do what you say you are going to do

83. Write up employees when you find out about off-duty conduct relating to the company