ALI-ABA Topical Courses

Hiring and Firing:

Background Checks, Social Media and

Other Arresting Developments

October 25, 2011

Telephone Seminar/Audio Webcast

TABLE OF CONTENTS

Page

PROGRAM ix

FACULTY PARTICIPANTS xi

FACULTY BIOGRAPHIES xiii

STUDY MATERIALS

1. What To Do Before, During and After Termination of an Employee

By James G. Ryan and Cynthia A. Augello

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2. Background Checks, Social Media and Other Arresting Developments

By Katrina Grider

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Table of Contents 18

Appendix 1 19

Appendix 2 26

Appendix 3 28

Appendix 4 31

Appendix 5 34

Appendix 6 35

Appendix 7 36

Appendix 8 38

Appendix 9 43

Appendix 10 44

Appendix 11 46

Part II - Social Media and Applicants 52

Appendix A 53

Appendix B 57

Appendix C 59

Appendix D 61

Appendix E 68

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Program Schedule October 25, 2011

Program Schedule Eastern Central Mountain Pacific & AZ Alaska Hawaii

Program Begins 1:30 p.m. 12:30 p.m. 11:30 a.m. 10:30 a.m. 9:30 a.m. 7:30 a.m.

Adjournment 3:00 p.m. 2:00 p.m. 1:00 p.m. 12:00 p.m. 11:00 a.m. 9:00 a.m.

Program: All Times Eastern 1:30 p.m. Program Begins. Faculty will discuss 3:00 p.m. Program Ends. Scope, Purpose:

Hiring and firing employees can be one big trap for today’s employer. Penalties facing the hiring/firing employer who does not follow federal and state laws and regulations can range from lawsuits by the affected individual to fines or imprisonment! In addition, it is important to recognize how the use of social media (both by the employer and the employee) can expose the employer to substantial risk.

Our panel of experts will give you practical tips, forms and best practices to help employer clients hire and fire safely.

Topics to be covered include:

Applicable Federal Employment Laws and Regulations

EEOC guidelines

Do’s and Don’ts in the Interview process

Employee Notices, NLRB and more

The Impact of Social Media

Do’s and Don’ts in the Firing Process

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And more!

Total 60-minute hours of instruction: 1.5; Total 50-minute hours 1.8. Note: No Ohio CLE Credit is available for this program Suggested Prerequisite: Some familiarity with Employment Law.

Educational Objectives: Acquisition of a deeper understanding of the best practices for employers to use when hiring and firing.

Level of Instruction: Intermediate

NOTE: Nothing in this program, the program materials, or communications stemming from the program (including questions and answers) should be considered as the rendering of legal advice. Non-lawyers should seek the advice of a licensed attorney in all legal matters. Registrants/readers should assure themselves that these presentations/materials/communications are still current and applicable at the time they are delivered or read. Neither ALI-ABA nor the speakers/authors can warrant that these presentations/ materials/communications will continue to be accurate, nor do they warrant them to be completely free of errors when delivered/published. Registrants/readers should verify statements before relying on them. These presentations/materials/communications reflect the viewpoints of their speakers/authors and do not necessarily express the opinions of ALI-ABA Continuing Professional Education or its sponsors. The members of this program's faculty are contributing their services to further the continuing legal education of their fellow members of the Bar.

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ALI-ABA Topical Courses Hiring and Firing:

Background Checks, Social Media and Other Arresting Developments

October 25, 2011

Telephone Seminar/Audio Webcast

Moderator

Cynthia Augello Cullen and Dykman LLP

100 Quentin Roosevelt Boulevard Garden City, NY 11530-4850

Faculty

Katrina Grider Katrina Grider & Associates 14227 Prospect Point Drive

Cypress, TX 77429

James G. Ryan Cullen and Dykman LLP

100 Quentin Roosevelt Boulevard Garden City, NY 11530-4850

ALI-ABA Program Producer Leslie Lynn Myers

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FACULTY BIOGRAPHIES

FACULTY MODERATOR

Cynthia Augello Cullen and Dykman LLP 100 Quentin Roosevelt Boulevard Garden City, NY 11530-4850

Cynthia Augello is an associate in the firm's Commercial Litigation group. She has represented clients of the firm in matters involving breach of contract, breach of fiduciary duty, whistleblowers, covenants not to compete, civil rights issues, sexual harassment and discrimination based on disability, religious disability, New York State Human Rights law, Title VI, the Rehabilitation Act of 1973 and Title VII. Since graduating from Hofstra University School of Law in 2008 and joining the firm as an associate, Cynthia has prepared and presented CLE seminars on electronic discovery and sexual harassment in the workplace. Cynthia is a founding member of the firm’s e-discovery group and has developed cost-effective strategies for handling a variety of e-discovery issues for clients. As a member of the E-Discovery group Cynthia regularly develops and reviews document retention policies to ensure compliance with the litigation hold process, e-discovery obligations and statutory/regulatory requirements. Cynthia worked for the firm in the Banking department and as a summer associate while attending law school.

PROFESSIONAL & COMMUNITY ACTIVITIES

• Founding member, the Firm’s E-Discovery Group, which develops or reviews document retention policies to ensure compliance with the litigation hold process, e-discovery obligations and statutory/regulatory requirements

• Member, Sedona Conference – WG1

• Cullen and Dykman, Team Leader, American Breast Cancer Society Walk

NEWS & SPEAKING ENGAGEMENTS

• Prepared and Presented several CLE seminars on Electronic Discovery

• Prepared and Presented CLE on Sexual Harassment in the Workplace June 2011

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FACULTY

Katrina Grider Katrina Grider & Associates 14227 Prospect Point Drive Cypress, TX 77429

EDUCATION:

B.S. 1982, Political Science, Oklahoma State University J.D. 1985, University of Tulsa College of Law M.Div./M.A. Counseling (2015 Candidate), Houston Graduate School of Theology

PROFESSIONAL ACTIVITIES:

Board Certified in Labor and Employment Law, Tex. Bd. of Legal Specialization Former Partner, Labor and Employment Law Section, Bracewell & Giuliani, L.L.P. Former Trial Attorney, Civil Rights Division, U.S. Department of Justice State Bar of Texas: State Bar College; Continuing Legal Education Committee (2001-2003, 2006-2008); District 4I Bar Grievance Committee (1993-95); Texas Bar Journal Committee; Texas Mentor Program Committee; Past Chairperson and Newsletter Editor-Concerns of the African American Lawyers Section; Past Council Member, Labor and Employment Law Section. Texas Young Lawyers Association: Board of Directors (1994-95); Legislative Committee; Women in the Profession Committee; Opportunities for Minorities in the Legal Profession Committee; TYLA Section of the Texas BarJournal. Other: State Bar of Oklahoma; Hospice Volunteer and Chaplain.

RECOGNITION AND HONORS:

Best of 2010 CLE Presentations, Employment Law Update: U.S. Supreme Court, Fifth Circuit and More, 2010 State Bar College Summer School, TexasBarCLE; 2009 Standing Ovation Award, Outstanding Volunteer, TexasBarCLE. Best of 2009 CLE Presentations, The Art of Smart Hiring and Lawful Firing, 2009 Advanced In-House Counsel Course, TexasBarCLE.

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Texas SuperLawyer® 2003 - 2006, 2011; Houston’s Best Lawyers for the People, HOUS. MAG., Jan. 2006. Ruth E. Piller, Houston Lawyers are Houston’s Leaders, 39 HOUS. B. J. 29 (2002).

BOOKS:

Katrina Grider (contrib. ed.), Family and Medical Leave Act, in TEX. EMPL. LAW. CHAP. 25 (Laura Franze et al. eds., James Pub., 1999); Grace F. Renbarger & Katrina Grider (contrib. eds.), Family and Medical Leave Act, in EMPL. LAW HANDBOOK, CHAP. 26 (Brian S. Greig et al. eds., Tex. Assn. Bus. & Chambers of Comm., 1999, 2000, 2001, 2002).

ARTICLES:

Katrina Grider, Goodbye Flipcharts, Hello Plasma Screens, 68 TEX. B. J. 567-70 (2005); Katrina Grider, Conducting Internal Investigations: Party Talk; What's a Lawyer to Do; A Little Friendly Advice, 65 TEX. B. J. 902 (2002); Katrina Grider, Lawyers Debate Age Discrimination Cases: Is the Burden Too Heavy on Employees?, TEX. LAWYER, Feb. 7, 2000 at 24-32; Katrina Grider, A Checklist for Avoiding the Legal Pitfalls of an In-House Investigation, CORP. COUNS. Q. (Bus. Laws, Inc.) Oct. 1998; Katrina Grider, Conducting Sexual/General Harassment Investigations: A Checklist for Employers, EMPL. L. COUNS. (Bus. Laws, Inc.) July 15, 1998 at 21; Katrina Grider, Of Work and Family: Implementing FMLA Policy, TEX. LAWYER (LABOR & EMPLOYMENT LAW SUPPLEMENT), June 30, 1997 at 4; Katrina Grider, Trends in Real Estate Leasing: Whose Duty Under the ADA?, TEX. LAWYER, Apr. 21, 1997 at 39; Katrina Grider, Seven Ways to Survive Law Office Politics, THE TEX. DOCKET (Texas Assn. of Legal Secretaries), Oct. 1996 at 12; Katrina Grider, Human Resources Management for Lawyers: An Employment Law Primer, 57 TEX. B.J. 173 (1994); Katrina Grider, Worker's Comp and the ADA: To Ask or Not to Ask, 55 TEX. B.J. 818 (1992); Katrina Grider, Employer Liability Under FIRREA, 109 BANK. L.J. 129 (1992); Katrina Grider & Tracy Bailey, The Civil Rights Act of 1991, 55 TEX. B.J. 36 (1992); Katrina Grider & Kimberly F. Gee, Glass Ceilings in Corporate America, 55 TEX. B.J. 42 (1992); Katrina Grider, Nathan Wesely, Tracy Bailey & Kimberly F. Gee Sexual Harassment: The Reasonable Woman Standard in Hostile Environment Litigation, 55 TEX. B.J. 52 (1992); Katrina Grider & Nathan Wesely, Fetal Protection Policies After Johnson Controls, 55 TEX. B.J. 64 (1992); K. Grider, Sexual Harassment - Bridging the Gap, DEALER'S CHOICE (Tex. Automobile Dealer's Assn.), Winter 1991, at 12.

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James G. Ryan Cullen and Dykman LLP 100 Quentin Roosevelt Boulevard Garden City, NY 11530-4850

Mr. Ryan is the head of the Commercial Litigation Department and is the chair of the firm’s Employment Litigation practice. He regularly represents the firm’s clients in cases involving discrimination claims, post employment covenants, breach of contract, breach of fiduciary duty, trade secrets, whistleblowers, proprietary information, unfair business practices, covenants not to compete, hiring, promotion, termination, discipline, reductions in force, and sexual harassment. His caseload also includes matters involving the Family and Medical Leave Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, Title VII, HIPPA, Sarbanes-Oxley, ERISA, the New York State Human Rights Law, and the New York State Labor Law. Mr. Ryan appears on behalf of the firm’s clients in federal and state courts, before federal, state and local administrative agencies, and in mediation and arbitration proceedings relating to all of the aforementioned areas. He offers advice and training, including seminars and bulletins, on avoiding discrimination and other employment claims. Mr. Ryan also contributes articles to and comments for various publications concerning employment matters. In 2008, Mr. Ryan founded the firm’s E-Discovery Practice Group. The E-Discovery Group provides cost effective, expeditious and practical solutions to even the most challenging issues involving electronically stored information so that a client can focus its resources on its business and operations. The E-Discovery Group also develops or reviews document retention policies to ensure compliance with the litigation hold process, e-discovery obligations and statutory/regulatory requirements. As a result of his lectures on e-discovery, in September, 2010, Mr. Ryan was appointed to the New York State Unified Court System E-Discovery Working Group and to its education subcommittee to develop educational materials, including CLE courses and a bench book, on e-discovery for the New York State judiciary and judicial staff.

Mr. Ryan grew up in Massachusetts, graduated from Fordham University School of Law in 1985 and has been a litigator with the firm since shortly after his graduation from Fordham. He became a member of the firm in 1995. Mr. Ryan is a trained mediator for the United States District Court for the Eastern District.

PROFESSIONAL & COMMUNITY ACTIVITIES

• Serves on the Council of Overseers for the Tilles Center for the Performing Arts

• Transportation Committee of the Long Island Association

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• Board Member and Coach, Rockville Centre Soccer Club

• Chair, Rockville Centre Travel Soccer Program

HONORS & AWARDS

In September, 2010, Mr. Ryan was appointed to the New York State Unified Court System E-Discovery Working Group and to its education subcommittee to develop educational materials, including CLE courses and a bench book, on e-discovery for the New York State judiciary and judicial staff.

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