Eidelman quoted in article about how employers are increasingly monitoring employees' activities

Eidelman quoted in article about how employers are increasingly monitoring employees' activities

"The Boss is Watching", ABA Journal

January 1, 2008

Gary B. Eidelman, a Partner and Vice Chair of the Labor, Employment and Employee Benefits Practice Group, was a source for this article about how technology is being used more frequently by employers to monitor what employees are doing.

Eidelman told the reporter that he counsels corporate clients to make sure content on personal blogs is harmful before acting. “I become less concerned if the blog says, ‘My boss is a jerk,’ ” Eidelman says. “Does the employer like it? No, but we prefer that they talk to them about it. I think smart employers will use information [found on private blogs] proactively and not punitively. It’s a great way to take the pulse of what is going on.” Nonetheless, Eidelman said, one of his clients recently fired an employee who had a private blog that contained information about the company and its sales trends. Management was concerned that the blog might be discov­ered by competitors.

In the article, Eidelman predicted that cell phones equipped with cameras will be central to growing numbers of sexual harassment cases. And pictures snapped by fellow workers may give an employer enough proof to support discipline or termination of an employee accused of harassment. In such cases, says Eidelman, “I am telling clients to start asking whether anyone was snapping photos with cell phones.”