Social Network Indiscretions

By: Beth A. Slagle, Esquire bas@muslaw.com

A new study of Internet social networks finds that there are 120 million profiles on the four most popular social networks.


While many are high school and college students, there are millions of employees, and offensive material or images in these profiles may hurt their employers.


It's more than the embarrassing or graphic photograph.


For example, if an employee makes discriminatory comments about another employee or posts confidential information about the company in a social network profile, the employer could be held liable for the actions, particularly if the employee posts during work hours or through the employer's computer system.


An employer's power to discipline or terminate employees for their private Internet postings is not absolute.


One way that some companies attempt to balance their legitimate business interest against an employee's right to free speech is to provide social networking guidelines in a technology policy.


The guidelines should include:

• A disclaimer of employer responsibility for private employee profiles.


• A warning that employees making personal comments about the employer's products or services or other employees in a profile (or blog) will be subject to disciplinary action.


• A warning not to use company equipment or networks to create or update a profile, except if it is part of company business.


• A specific statement that social networkers must abide by company policies on confidential information and trade secrets.

In disciplining an employee for something on a social network profiles, employers should proceed with care to make sure they are not retaliating against a whistle-blower or punishing an employee for engaging in protected activities such as union organizing.

Prevent 401(k) Lawsuits

By: Joseph A. Vater, Jr., Esquire jav@muslaw.com

When the stock market goes down, so do 401(k) assets.

The result: employees look for someone to blame, and the fiduciaries of their 401(k) plan, which often include the employer, are the target.

While there is no way to make a company's 401(k) plan lawsuit-proof, the United States Department of Labor recommends some basic steps that companies can take to avoid liability when their employee's 401(k) assets go south:

• Review or have a consultant review fund performances periodically and consider replacing underperforming funds.
• Offer an investment education program for employees who participate in the 401(k) plan, but make sure you follow the guidelines set forth in the Pension Protection Act so you don't inadvertently assume fiduciary responsibility for the information provided by the consultants.
• Disclose all direct and indirect fees associated with the 401(k) plan and all investment choices. Most 401(k) plans do not disclose all fees.
• Enable employees to select mutual funds from more than one fund family and make sure low-fee funds are included in the choices.

An employer that selects investments and investment advisers judiciously, following all appropriate regulations, usually will not be held responsible for the investment decisions of those participating in its 401(k) plan.

Executive Education Seminar: Privacy in the Workplace

November 13, 2008 at the Rivers Club - Pittsburgh, PA

Presented by: Douglas M. Hottle and Quinn A. Johnson

Seminar Description: Privacy in the Workplace: What Employers Need to Know About Getting, Using and Protecting Employee Information

Nearly three-quarters of major U.S. firms report that they record and review their employees’ communications and activities on the job, including their phone calls, e-mail, Internet connections and computer files. While employers have a legitimate business interest in tracking their employees’ workplace activities to protect safety, ensure productivity, and even to comply with anti-discrimination laws, employers need to avoid inappropriate and unreasonable invasions of employees’ privacy interests.

This seminar will help employers who find themselves asking:

• Can I monitor my employee’s cell phone conversations throughout the work day?
• Can I search an employee’s purse or personal belongings?
• Can I access their personal E-mail account during work hours?
• Can I censor my employee’s blog?
• Can I monitor an employee’s location throughout the day?

Please RSVP by November 7th to Beth Ansell or call 412-456-2552.

Congratulations to our “2009 Best Lawyers in America”

This year fourteen Meyer, Unkovic & Scott LLP attorneys have been selected for inclusion in The Best Lawyers in America, 2009 edition, published by Woodward/White. Inclusion is widely considered a significant honor because lawyers are selected on the basis of peer evaluations.

Those named include Kevin F. McKeegan, the firm’s Managing Partner, Robert Mauro, W. Grant Scott and Richard G. Kotarba all for their practice of real estate law. Kevin F. McKeegan was also recognized for his work in land use & zoning law. Richard G. Kotarba and James R. Mall were both selected for their work in construction law. Also named were Dennis Unkovic, for his international trade and finance law practice, Joel Pfeffer for his work in immigration law, Joel M. Helmrich for his practice in creditor-debtor rights, Thomas A. Berret for his work in personal injury litigation, Laura A. Candris for her labor and employment law practice, John W. Powell for his work in trusts and estates, David G. Oberdick for his work in commercial litigation and intellectual property law, Patricia L. Dodge and Russell J. Ober for their work in commercial litigation. Patricia L. Dodge was also recognized for her product liability litigation practice.