Lobbying Affiliate: MML&K Government Solutions
{ Banner Image }

Employment Law Blog

When It Comes To Employment Issues, Choose A Firm That Thinks Outside the Cubicle.

Contact Us

* Indicates a required field.

Categories

McBrayer Blogs

Showing 8 posts in Crisis Management.

“STOP”: Four Tips For Document Preservation When Facing Potential Litigation

Posted In Crisis Management, Employment Law, Litigation

In today’s digital environment, it is crucial that employers act fast when faced with a suit (or the threat of suit) by an employee or ex-employee. When potential litigation is on the horizon, the first step should always be to contact legal counsel. The next step should protecting documentation that might be relevant to the dispute. Keep in mind this acronym to make sure you are following that right steps for documentation preservation:

Search for employees that might possess information pertaining to the dispute. This might include supervisors, managers, or people who shared a workspace with the claimant, but it might also include others not under the direct supervision of the company, such as independent contractors or consultants that worked with the claimant.

Think about all sources of information – smart phones, tablets, cloud-based servers, thumb drives, work email accounts, etc. Once the sources are identified, consider whether you have and can maintain access to them. In some cases, it may require notifying the claimant that he must turn over password information or relinquish his work-issued devices, but it is highly suggested you contact legal counsel before proceeding with this step.

Order a litigation hold on relevant information. Instruct employees to not destruct, forward or edit the relevant documentation in any way. In-house destruction procedures (such as shredding or the automatic email deletion) should be cancelled until further notice from counsel. Litigation hold instructions should be made in writing and provide explicit instructions. The instructions should identify the type of materials and date ranges that are subject to the hold. A litigation hold should also identify to whom questions or concerns about the hold can be directed.

Present all information to counsel. He or she will then determine exactly what information needs to be preserved and for how long. Do not think that you, as an employer, know what information is important. By getting rid of documentation, even without ill intent, you may be hurting your ability to present a defense to the claims.

Stop Sign Hand

No employer likes facing employee-related litigation, but it is important to “STOP” and take time to ensure document preservation in the wake or threat of a suit.

Ben Riddle

Benjamin L. Riddle is an associate in the Louisville, Kentucky office. Mr. Riddle is a member of the firm’s Litigation team, where he focuses his practice on employment law, commercial disputes and personal injury matters. Mr. Riddle can be reached at (502) 327-5400, ext. 305 or briddle@mmlk.com

This article is intended as a summary of newly enacted federal law and does not constitute legal advice.

 

 

 

 

 

 

 

 

More >

Crying Over Spilled Milk: What Companies Can Learn from the Paula Deen Disaster

Paula Deen may be the most recent celebrity to ruin the brand she built, but she is certainly not the first. Consider Martha Stewart, Tiger Woods, and Lance Armstrong. At one point, all had an empire built around their name and reputation. And, just like that, all were vehemently vilified by the press and public when an aspect of their personal lives became front-page news, resulting in the swift destruction of their businesses.

More >

Menacing Social Media: When Your Business is Defamed Online

Social media is a wonderful tool for businesses. In fact, in today’s Internet-reliant society, it is quickly becoming a necessity.

More >

Social Media & Emerging Employer Issues: Are You Protected?

On June 13, Business First and McBrayer sponsored their second Social Media Seminar. The seminar’s precedent, Social Media: Strategy and Implementation, was offered in 2012 and was hugely successful. This year’s proved to be no different. Presented by Amy D. Cubbage and Cynthia L. Effinger, the seminar focused on emerging social media issues for employers. If you missed it, you missed out! But don’t worry, a seminar recap is below and you can find a copy of the PowerPoint slides by clicking here.  More >

Do You Need Employment Practices Liability Insurance?

According to the 2012-2013 Edition of Jury Award Trends and Statistics, the national median award for employment practice claims in 2011 was $325,000, up from $172,500 in 2010. This figure confirms what many in the employment law community already know to be true, that the number of employment practices claims has increased, and with that increase there has been an increase in the size of awards over the years as well.  There is no reason to believe that this trend will not continue, and no business should believe itself to be immune from employment practice claims.

More >

Innocent Until Proven Guilty, But Employed, Too? How to Handle Employee Arrests

Employers routinely encounter employee situations that leave them in a bind: illness, pregnancy, or the rogue employee who walks out without notice. There is also another situation that can leave employers scratching their head and calling the HR department: what do you do when an employee is arrested? More >

Social Media: The New Harassment Landscape

Social media is changing the landscape of the internal workplace, providing a new way for employees to socialize and interact with one another.  The online workplace is rooted in conversation which is casual, revealing and often deeply personal.  The direct connection of social media is akin to an invitation into your home. It allows co-workers to share in your personal life with an instant sense of closeness and propels the relationship forward quicker than a traditional office friendship. The boundaries of conduct can become easily blurred and potentially dangerous when this complicated overlapping of private and professional relationships intersect online. Whenever the parameters get ambiguous, the probability of inappropriate behavior occurring increases, creating a growing employer concern for protecting employees from the potential of social media harassment.

More >

Using Social Media to Assist With Crisis Management

It is hard to imagine a business or organization that has not had to deal with some sort of crisis that impacts, or has the potential to impact, its reputation.  Social media, and the speed by which it can be used to spread information, has enormous potential to accelerate a reputational crisis.  Conversely, social media can be one of your most valuable tools when it comes to crisis management.  Your ability to manage a crisis may, however, be directly impacted by how prepared you are to utilize social media in a focused and comprehensive way when a crisis occurs. More >

Ashland, KYLexington, KYLouisville, KYFrankfort, KY: MML&KFrankfort, KY LawGreenup, KYWashington, D.C.