Wednesday, July 26, 2017

Should AG Sessions Sue President Trump For Creating A Hostile Workplace

President Trump Bashing Sessions Would Make For Good Hostile Workplace Claim
Erin Mulvaney points out in the National Law Journal.
Mulvaney notes that Trump’s multiple sessions of Sessions-bashing could lead to “harassment, hostile workplace, defamation or invasion of privacy claims” if they occurred between an employer an a subordinate in the corporate world. “Sharing a performance review or bullying” would be ripe grounds for a lawsuit, she argues.
President Donald Trump has not been discreet in expressing his dissatisfaction with certain key members on his team. Recent taunts blasted to his millions of followers on Twitter about U.S. Attorney General Jeff Sessions essentially equates to a public—and very negative—performance review. How would this public scolding fly in the corporate world? We asked labor and management lawyers for their perspective.
Constructive discharge claims might also be able to stick in some situations. That’s when an employer makes an employee’s life so miserable that the employee has few other avenues of recourse but to quit.
It turns out both employers and the federal Equal Opportunity Employment Commission are looking more and more at where workplace liability attaches to social media.

And, even if it’s somehow or in some jurisdiction legal to somehow trash a subordinate’s performance online, it’s not good business practice, Mulvaney’s experts point out.

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