Jeffrey S Klein

October 05, 2009 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write that a recent study found that 45 percent of employers currently use social network Web sites such as Facebook, MySpace, LinkedIn or Twitter to screen job candidates, more than double the number only one year earlier. While no law prohibits employers from searching online social network sites to conduct background checks of current employees or job applicants, employers should first consider anti-discrimination laws, legal activities laws, the NLRA and privacy implications in order to limit claims resulting from visiting employees' social network Web sites.

By Jeffrey S. Klein and Nicholas J. Pappas

13 minute read

February 05, 2007 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write that even if employees do not blog on company time and, thus, do not cost their employers any lost productivity, employees may leak trade secrets, information about as-yet unreleased products, defame their employer, coworkers or clients, or post harassing or otherwise inappropriate content on their personal blogs.

By Jeffrey S. Klein and Nicholas J. Pappas

13 minute read

December 04, 2006 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, analyze the challenges employers face in planning their annual holiday parties and illustrative cases and suggest a number of concrete steps employers may wish to consider to reduce injuries and potential liabilities in planning their holiday parties.

By Jeffrey S. Klein and Nicholas J. Pappas

13 minute read

April 03, 2006 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write that one of the more challenging tasks for any employer is carrying out ordinary course personnel decisions while trying to avoid allegations of discrimination by employees. This is particularly true in promotion decisions, where employers frequently consider subjective criteria in their decision-making process.

By Jeffrey S. Klein and Nicholas J. Pappas

12 minute read

June 04, 2007 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write that employers all point to one overarching salutary benefit of severance packages: a former employee waives any legal claims and rights that she may have against the company in exchange, immunizing the company from all potential claims arising out of the employment arrangement. To borrow a line from an unlikely source of employment law advice, ESPN College Game Day host Lee Corso: "Not so fast, my friend."

By Jeffrey S. Klein and Nicholas J. Pappas

13 minute read

October 02, 2006 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write that employers voluntarily pursuing the goal of increased diversity in the workplace frequently adopt written plans providing for specific benefits for females and minorities. These plans are referred to generically as "voluntary affirmative action plans." Such plans take varied forms and may include programs addressing various employment practices, including hiring, training, retention and promotion.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

December 04, 2008 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, review Guyden v. Aetna Inc., where the Second Circuit recently decided that employee whistleblower claims brought under the Sarbanes-Oxley Act of 2002 are arbitrable and upheld several commonplace limitations in Aetna's arbitration agreement as valid limitations that did not prevent the employee from enforcing her statutory rights.

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read

August 10, 2005 | Law.com

Numerous courts have rejected sex discrimination claims by a plaintiff alleging that a supervisor engaged in unlawful discrimination in awarding a job benefit to a paramour because of favoritism rather than job qualifications. Jeffrey S. Klein and Nicholas J. Pappas analyze two cases -- Miller v. Department of Corrections and DeCintio v. Westchester County Medical Center -- and suggest issues that employers should consider when faced with claims of discrimination based on sexual favoritism.

By Jeffrey S. Klein and Nicholas J. Pappas

16 minute read

October 03, 2011 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, analyze a recent report cataloging a number of cases being prosecuted involving the OGC's application of Section 7 in various circumstances.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

April 05, 2010 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write: "A study suggests that, more than 80 percent of U.S. adults who go online use social media at least once a month, and that half of those participate in social networks such as Facebook. We continue to be more surprised, however, by the other conclusion contained in the study: 'ample resources and polls suggest that companies are not addressing potential implications to their business.'"

By Jeffrey S. Klein and Nicholas J. Pappas

12 minute read