Author Archives: Jillian Kornblatt

Jillian Kornblatt

About Jillian Kornblatt

Jillian is an associate in Dorsey’s Labor & Employment group, where she focuses her practice on employment litigation and advice, and on labor law issues. Jillian assists employers in investigating and responding to internal complaints, agency charges, and lawsuits based on allegations of discrimination, harassment, retaliation, breach of contract, conversion, wage and leave statute violations, and whistleblower claims. In her advice practice, she helps clients avoid litigation and be in the best position possible if an employee does bring a claim. Jillian also helps employers navigate union grievances and unfair labor practice charges.

Quirky Question #279: Concerted Activity in 140 Characters or Less

Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states.  The company maintains a social media policy, which was recently updated.  Last week, I noticed that one of our employees posted some pretty nasty things about the company on Twitter.  She accused the company of not treating employees fairly because some had to work on days when others did not.  Perhaps worse, in response to customers who were praising the company’s products and services, she basically called the company cheap by saying it did not provide good pay or benefits.  I have not noticed any reaction from other employees to the tweets, but I am worried they will hurt employee morale and possibly drive away customers.  Is there anything I should consider before disciplining the employee who tweeted these things?

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Quirky Question #269: Like it or Not – Facebook Post Protected Under the NLRA

Question: I own a small manufacturing company that employs 25-35 employees, depending on our workload.  Over the years, a number of my customers and my employees have “friended” me on Facebook.  Last week, I saw that one of our employees had posted a comment that I don’t pay enough overtime and that I’m, “f—ing cheap,” because I don’t give enough paid vacation.  Almost worse, I saw that three other employees “liked” the post.  I work hard to treat my employees fairly, and to ensure that I staff adequately so that employees do not need to work overtime.  I’m afraid this post is going to hurt employee morale, and I’d like to fire the employee who posted and the ones who liked the post.  Is there anything I should consider?

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Quirky Question # 191: Pre-Employment Background Checks for Temporary Employees

Question:

I read with interest your analysis of pre-employment background checks in Quirky Question # 189. I’ve got a slightly different inquiry touching on the same issue.

I’m a Human Resources Executive at a national retail company. During several parts of the year, we need to hire additional cashiers. For many years, we have successfully used a temporary staffing agency to fill these seasonal positions. The temporary workers are employed by the staffing agency, but work at our company.

We offer a store credit card, and instruct all cashiers (whether regular or temporary) to encourage customers to complete applications for the card while checking out their purchases. The credit card application requires detailed personal and confidential information. We have several practices, procedures and policies in place to protect our customers from identity theft. For example, we conduct pre-employment credit and criminal background checks on all of our regular employees, and assume that the temporary agency conducts similar background checks on their workers whom they place at our company.

Since the seasonal workers are technically employed by the staffing agency, does that eliminate (or reduce) our liability should it turn out that the worker steals a customer’s identity? Moreover, should we play any role in what background checks the staffing agency runs on the seasonal workers to reduce any liability we may have for negligent hiring of those workers? Answer→

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