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On March 26, 2012 I posted a blog cautioning employers from requesting social media password, most notably, Facebook. That practice may be short-lived as legislation has been introduced in both Houses of the United States Congress making unlawful for employers or schools to require employees, students and/or candidates to provide social media password.

Unfortunately, it often takes years for statutory and case law to catch up with changes in technology. However, it remains a privacy issue and asking an employee for a password may not be lawful. While there may not be an answer to this problem now, there is no doubt that it will be litigated. If you chose to request this information from prospective or current employees, you may make headlines…as a party in a state or federal lawsuit.

Recently I was laid off from my job that I had been at for more than a year.  When I went to apply for unemployment benefits they told me that I was not eligible to receive unemployment.  What should I do?  Should I reapply? S.F Dear S.F: Unfortunately, to accurately […]

It is always recommended that you have employees execute reasonable restrictive covenants (or non-compete agreements) and confidentiality agreements when you, as the employer, provide employees with confidential and proprietary business information and clients. However, just because your former employee does not have a restrictive covenant/non-compete agreement, does not mean that the employee can steal your clients and confidential information.