Mark Fijman
speaker
633 appearances
2 recordings
1 series
first heard Nov 2011
last heard Jan 2012
Mark Fijman’s voice in public audio — every appearance, attributed to the second.
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Appearances
Uh that that's an excellent point and and this comes up a lot, not not so much yet in the in the social media aspect, but just in in performance reviews in general.
Um we've had numerous lawsuits where
you have an employee who all you know, finally gets fired but may have been there for a long time
And finally they've had enough and they terminate him and
Why after he files his lawsuit, you go in, you know, they'll they'll tell you, Oh, he was a terrible employee, you know, he just he did a lousy job
And you look at the personnel file and either there's no write up
Or worse, there's a series of of job reviews where this supposedly horrible employee uh repeatedly gets, you know, superior, you know, superior marks on everything.
And that that just can cripple you at at trial because you'll you have your you'll have your client getting up there and telling about how awful this employee was and the plaintiff's attorney will say, But you said here he was superior
And and it really can put an employer on the spot.
This is what we call a valuation inflation.
Uh and and it happens a lot because generally most employers do not do
good evaluations or honest evaluations and it becomes even more problematic when the person doing the evaluation works directly with the employee and they're very reluctant to say anything bad so they typically say everybody's superior.
Um and what you're talking about, you know, and it's a very interesting thing.
I hadn't really thought about it that much.
I'm relatively new to LinkedIn.
But uh if on the on the somebody's LinkedIn site your superior says, you know, Joe is the the best darn uh insurance analyst we've ever had
Uh that's the type of thing that will come back to uh to bite you and and it is an admission by a party, so in all likelihood it would be admissible.
You are touching on one of the most recent and most cutting edge
uh issues in employment law.
And and that is, you know, when does an employee's Facebook or social media communications
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