Book Details

Defusing Workplace Time-Bombs: Employment Tools for Leaner Times

By Fitzpatrick, Jacobs-Meadway, Petrillo, Robertson, Rutledge, Elkerson

  • Softcover
  • 90 pp.
  • ISBN: 9780831899417
  • Order Code BK77
  • $24.00
  • ONLINE: 2011
  • Online
  • 90 pp.
  • $24.00


Veteran employment lawyers and drafters provide:

Commentary and forms to help everyone understand social media risks and benefits

Tips on crafting policies that protect your organization



May an employer properly discipline employees for posting pictures of the CEO’s homes, business trips, vacations, DUI arrest, or his “dozing off” during a stockholders’ meeting—without facing a viable retaliation claim?



In workplace law, is an employee’s social media posting of EEOC claims or lawsuits filed against her employer—or blog and online comments concerning her employer’s “discriminatory environment”—legally protected?



What are the risks of allowing managers to “use their professional judgment” in using social media sites to screen prospective employees or monitor current employees?


Social media sites empower both employers and employees, increase transparency, and have enormous marketing potential. But these technologies also blur the lines between public and private activity and expose employers and employees to unprecedented scrutiny and critique.

Learn how to craft policies to keep your organization and employees from falling into these seven traps in workplace law:

Speaking negatively about your employer

Knocking your employers’ products or services

Disparaging your customers

Speaking negatively or otherwise inappropriately about coworkers

Admitting, or posting comments about, anyone’s ethical, legal, or work-related misdeeds, misadventures, or misalliances

Posting undignified pictures

Posting anything casting yourself, and thereby your employer, in a negative, harsh, embarrassing, or unprofessional light

Defusing Workplace Time-Bombs: Employment Tools for Leaner Times, includes commentary on crafting airtight confidentiality agreements and social media policies, plus 12 new forms that cover:

Social media policies

Separation agreements and general releases

Protocols for imaging and forensic review of document storage devices

Record preservation letters

Tolling agreements designed to encourage settlements

Forms for assignment of intellectual property rights

Noncompetition agreements

Confidentiality and Nondisclosure agreements

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About the Author

Robert B. Fitzpatrick, of Robert B. Fitzpatrick, PLLC, Washington DC, has over forty years of experience in all aspects of workplace law, and the resolution of employment disputes. Not only has he successfully resolved literally thousands of employment disputes over the years, he has written extensively on the subject and, upon occasion, serves as a mediator of employment disputes. He has negotiated countless separation and settlement agreements resolving employment departures and disputes. In addition, he has negotiated and drafted countless employment contracts on behalf of incoming executive employees.

Roberta Jacobs-Meadway, of Eckert Seamans Cherin & Mellott, LLC, Philadelphia PA, focuses her practice on trademarks, trade dress, unfair competition and copyright issues and includes licensing and litigation in the federal courts and before the Trademark Trial and Appeal Board. She has served as mediator in numerous trademark and copyright disputes.

Maria L. Petrillo, of Eckert Seamans Cherin & Mellott, LLC, Philadelphia PA, represents employers in litigation before federal and state courts and administrative agencies. She also advises employers on compliance with the National Labor Relations Act, the development and enforcement of personnel policies, protection of trade secrets, and conducting effective internal investigations.

Mark W. Robertson is a partner of O’Melveny & Myers LLP in the firm’s New York office and a member of the labor and employment practice.

Ryan W. Rutledge is a counsel in the Newport Beach office of O’Melveny & Myers LLP and a member of the labor and employment practice.

Lauren A. Elkerson is an associate in the Newport Beach office of O’Melveny & Myers LLP and a member of the labor and employment practice.

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Free Downloads

Table of Contents

Form 9 Protocol For Imaging And Review

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Abbreviated Table of Contents

Considerations for Drafting Social Media Policies

Social Media Policy

Purpose and Scope


Guidelines and Considerations:





Email Policy

Developing Airtight Confidentiality Agreements

Confidential Separation Agreement and General Release

Confidentiality Agreement

Confidentiality, Inventions, and Noncompete Agreement

Employee Invention and Confidential Information Agreement

Developments, Noncompete, and Nondisclosure Agreement

Nondisclosure and Inventions Agreement


Proprietary Information and Property Agreement

Protocol for Imaging and Review

Consent Order

Sample Letter Concerning Record Preservation

Sample Letter Documenting and Confirming Destruction of Records

Tolling Agreement

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