Monday, January 26, 2015

Employment Law and Blogging about the Workplace

With all of the social media outlets, it's bound that some frustrated employees may blog about their workplace.  However, you need to be careful if you're thinking of posting your feelings about your workplace on the internet.  If you live in an employment at-will state, your employer can terminate you for your posts, even if the posts are written after work hours.  Also, if living in an employment at-will state, your employer can terminate you for things that they deem inappropriate, i.e. inappropriate non-work related posts or pictures.  So, what's the solution to this?  Don't post about your work on the web, and use discretion when posting non-related work comments or pictures.

Are there any protections an employee may have against their employer taking action against them for internet posts?  Maybe.

1) If your internet post contains workplace complaints relating to FMLA, discrimination, a hostile work environment, wage and hour violations, you may be protected from your employer taking disciplinary action against you.

2) An employee who raises concerns about illegal activities or safety concerns at work be pay protected as a whistle blower. 

Also, some states now are enacting laws preventing employers from terminating employees based on their after-hour internet posts.

If you have a question or concern in regard to your rights in the workplace, contact Ambuter Law for your free case evaluation.

Tuesday, January 13, 2015

An Employment Lawyer's Advice: Be Honest

Want less drama in your life?  Be honest when you're asked to be honest.  Unfortunately, not every client is as upfront and honest as they should be with their attorney.  They may think that if their attorney knows the truth behind a situation, that their attorney may think less of them or judge them.  Or they may think that their attorney may never find out the truth.  However, the truth usually comes out in one form or another, and it's usually better if it comes from the client first rather than from a third party or opposing counsel.

Also, by not telling the truth, the client is actually limiting or affecting the path that their attorney would take in representing them.  So while the client may think that he is helping the situation or protecting himself, he in fact could actually be hurting himself.

So why do I write this?  To inform individuals about the benefits of being honest with your attorney.  It may be embarrassing or intimidating to disclose the full truth of a situation to your attorney, but you and your attorney will be much happier that you did.

Ambuter Law focuses on representing employees in employment law matters.  If you have a question in regard to your employment rights, contact Ambuter Law for your free case evaluation.