Molly.Dibianca

Molly.Dibianca's picture
Bio: 

 

Molly is a practicing attorney with the law firm of Young Conaway Stargatt & Taylor, LLP, in Wilmington, Delaware, where she dedicates her legal practice to assisting employers as both a counselor and a litigator.

She defends employers against claims brought by former and current employees and represents employers in their enforcement of restrictive covenants.  Molly speaks regularly around the country, teaching best practices to human-resource professionals, executives and in-house counsel. 

Molly is the editor and primary contributor of the award-winning Delaware Employment Law Blog, which has been named one of the Top 100 Blogs in the country for four consecutive years and in 2012, was named the Best Employment Law Blog in the country by the ABA Journal.

Screen Name: 
Molly DiBianca

History

Member for
9 years 4 months

Articles by Molly DiBianca

Facebook Threats Constitute Legitimate Grounds for Termination

 

Earlier this week, I wrote about the issue of threats made via Facebook constitute constitutionally protected speech.  Today’s post also is about threats made via Facebook but in the context of the workplace.  The case, decided by the Court of Appeals of Ohio, is timed perfectly for my road trip tomorrow to Ohio. 

January 7, 2015
Tags:
Social Media, Termination, social media policy, Employment Law
A Perk of BYOD Policies at Work

 

October 28, 2014
Tags:
BYOD, Legal & Regulatory Issues, Ethics, Confidental Information, Proprietary information
How NOT to Produce Facebook Evidence

Electronic discovery, the collection and production of electronic documents in litigation, is a scary thing to many lawyers. Some are so scared by it, in fact, that they just deny that it exists and continue to produce only hard-copy documents. Of course, that is a terrible idea. And not at all in compliance with the rules of procedure. But, alas, it is what it is.

August 27, 2014
Tags:
Social Media, social media policy, Legal & Regulatory Issues
Waiver of Attorney-Client Privilege Via Facebook

Breaches of confidentiality via Facebook and other social media are more common than most of us would like to think.  Employees post information about customers, clients, and patients on Facebook, in violation of internal company policies and privacy laws, such as HIPAA, for example.  I recently wrote about a plaintiff who could not collect a sizeable settlement payment because his daughter posted about the settlement on Facebook, which s

July 31, 2014
Tags:
Social Media, Employee, Attorney-Client Privilege
Employers, If You Fire for a Facebook Post, Please, Get a Copy of It First!

The plaintiff is a Michigan lawyer.  She was placed on the assignment list of the County Probate Court and, as a result, received several case assignments.  She made a comment on Facebook about what she believed to be inefficiency at the Clerk’s Office at the Court in a particular case she was handling. She tagged two people in the post, mistakenly identifying them as employees at the Clerk’s Office. 

June 10, 2014
Tags:
Termination, Social Media
Yes, Employers, Words Really Do Matter

It's easy to underestimate the power of words. Many supervisors fail to appreciate the importance of the words used in a performance review or evaluation, corrective action, termination letter, or other employment-related document. But it can go beyond the obvious instances.

May 13, 2014
Tags:
Communication, Documentation, Legal & Regulatory Issues