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Advising Employers & Employees on Off-Duty Conduct & Privacy in the Workplace (Recorded)

  • Training

  • 2 Hours
  • June 4, 2025
  • Massachusetts Continuing Legal Education, Inc. (MCLE)
  • ID: 5944584
The steadily increasing amount and prevalence of social media and data mining, combined with changes in federal and state law, have created thorny, ever-evolving challenges for employers, employees, and employment counsel related to employee privacy and off-duty conduct. Our panel of experts representing individual employees and employers provide practical advice to help you better understand the dangers facing employees as well as the sensitive balance between employers’ business interests and employees’ privacy rights that employers must navigate. This includes key insights into how access to employee information can unconsciously taint decision-making and lead to legal claims and liability and how actions that an employee may consider to be personal and irrelevant to their work life can lead to negative consequences at work.

The panelists offer a full range of perspectives, including that of in-house counsel, management lawyers, and employee-side counsel. Get up-to-date guidance on workplace privacy concerns and issues related to off-duty or off-site conduct that arise every day in the workplace - from hiring through retention, employee discipline, and termination.

Course Content

9:30 - 9:35 am - Welcome and Introduction
Michael R. Bertoncini, Esq.,
Jackson Lewis, PC, Boston

9:35 - 9:50 am - Pre-Employment Background Checks
James S. Weliky, Esq.,
Messing, Rudavsky & Weliky, PC, Newton

9:50 - 10:05 am - Data Mining and Employee Hiring
James S. Weliky, Esq.,
Messing, Rudavsky & Weliky, PC, Newton

10:05 - 10:20 am - Interplay Between Workplace Drug Testing and Legal Marijuana Use
Michael R. Bertoncini, Esq.,
Jackson Lewis, PC, Boston

10:20 - 10:35 am - Employment Decisions Based on Employee Use of Social Media, In and Out of the Workplace
Jill Havens, Esq.,
Workplace Justice Law Group LLC, Jamaica Plain

10:35 - 10:50 am - Employee Social Gatherings and Off-Site Harassment
Kiley M. Belliveau, Esq.,
Dana-Farber Cancer Institute, Boston

10:50 - 11:05 am - Limits on Confidentiality, Non-Disparagement, and Non-Compete clauses in Workplace, Separation and Severance Agreement
Kiley M. Belliveau, Esq.,
Dana-Farber Cancer Institute, Boston

Michael R. Bertoncini, Esq.,
Jackson Lewis, PC, Boston

11:05 - 11:20 am - Post-Employment Conduct (i.e., Uniform Trade Secrets Act, Non-Solicitation Obligations, 93A Violations)
Michael R. Bertoncini, Esq.,
Jackson Lewis, PC, Boston

11:20 - 11:30 am - 'Ask the Experts' Q&A Session and Key Takeaways
Panel

Speaker(s)

Chair

Michael R. Bertoncini, Esq.,
Jackson Lewis, PC, Boston

Faculty

Kiley M. Belliveau, Esq.,
Dana-Farber Cancer Institute, Boston

Jill Havens, Esq.,
Workplace Justice Law Group LLC, Jamaica Plain

James S. Weliky, Esq.,
Messing, Rudavsky & Weliky, PC, Newton