The Patterson Law Office

Attorney Patterson To Speak at PREPARE Workshop

rhonda — Mon, 14 Jan 2013 18:14:12 +0000

Attorney Patterson will be speaking at the PREPARE Workshop, sponsored by The Park Church, on Saturday January 19, 2013. Specifically, she will present on what legal documents are needed to be

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st prepare for health challenges and end of life issues. For more information or to register please visit the church's website at http://www.upbc.org/news/archive/p-r-e-p-a-r-e-workshop1/.

Unemployment Benefits in North Carolina

rhonda — Mon, 10 Oct 2011 17:32:13 +0000

In these trying economic times, many NC residents may have questions and concerns about collecting unemployment benefits. A common misconception is that an individual is guaranteed unemployment benefits, so long as he or she was fired by an employer. However, even if you are fired, there are two primary grounds in NC upon which an unemployment claim may be denied–(i) misconduct and (ii) substantial fault.

If it is found that an employee willfully disregarded an employer’s interest, such as through a deliberate violation or recurrent carelessness, then a claimant may be disqualified from receiving unemployment benefits by reason of his or her misconduct.

If it is found that there was fault on the part of the employee, but it did rise to the level of misconduct, such as a minor infraction of rules or an inadvertent mistake, then a claimant may be disqualified from receiving unemployment benefits for a period of time. After such period, the claimant then becomes qualified for benefits.

If your unemployment benefits are denied, you generally have the right to appeal. A hearing may be held over the phone, or upon request, in person. While you may represent yourself in a claim or appeal for unemployment benefits, it is important to be able to clearly state the facts and to understand, at least at a high level, the principles of NC unemployment law.

Social Networking Policies in the Workplace

rhonda — Wed, 28 Sep 2011 16:36:16 +0000

Social networking is in many ways a valuable and necessary marketing and information tool. Often though, social networking has the ability to blur the line between an individual's role as employee and his or her role as facebooker, blogger, tweeter, etc. In this age of high-speed, wide-spread dissemination of information, employers may want to consider having an effective social networking policy in place.

While the law in many jurisdictions is still developing in this area, the National Labor Relations Board (NLRB) is making a few things clear. Employers have the right to protect against the dissemination of some unlawful and confidential information on social networks by their employees. Employees have the right to partake in

lawful speech and, in many cases, to discuss aspects of their employment with others. To draft a social networking policy that balances these ideals should be the goal. Blanket statements that employees should not disparage an Employer would likely not withstand NLRB scrutiny. Policies should more narrowly prohibit individualized venting online, while using clear examples of prohibited conduct. “Savings clauses” should also not be relied upon. Such policies should also consider employer-approved social networking and the personal use of business equipment.

Contact The Patterson Law Office, PLLC if your business needs a new or revised social networking policy or seeks to navigate the sometimes tricky enforcement of such policies.