Gagging Employees

Miss Manners may wisely advise us to follow the old adage not to talk about politics or religion, but can California employers prohibit their employees from discussing these and other lightening rod subjects? Continue reading

Smile, You’re on Your Employer’s Video Camera!

The following is a guest blog post by Cynthia E. Fruchtman, a lawyer who represents employers and employees in all aspects of the employment relationship and represents businesses in commercial and employment-related litigation.

It is becoming increasingly common for employers to monitor employee workplace activities electronically. For employers, investigation methods such as video camera surveillance, computer monitoring, and drug testing may be seen as an aid to efficient operations. But employer’s beware: These tools can create several potential areas of liability. Continue reading

Emails Sent from Workplace Computers Are Neither Private nor Privileged

Lawyers who don’t want to see their client communications end up as numbered exhibits at trial should give their clients a key bit of advice early on — don’t email me from work. That’s the upshot of a recent case involving an employee who used her workplace email account to email her lawyer about a potential discrimination claim and later saw those emails come out in discovery. Continue reading