We wish all our clients a very happy Easter and Passover!

Sincerely,
Scott I. Fegley, P.C.

Big Brother Is Watching You In Your Workplace

It used to be an employee felt uncomfortable when the boss looked over his or her shoulder. However, the boss does not have to look over anyone’s shoulder anymore to see what they are doing. More and more employers are turning to electronic monitoring of internet usage and e-mail.

In a recent survey by the American Management Association, a whopping 76% of employers surveyed reported monitoring internet usage and 55% monitored employees’ e-mail communications.

It is also perfectly legal. Since the employer owns and operates the computer system, the employer has the right, with very limited restrictions, to monitor how it is being used. Employers can track websites employees visit, the amount of time spent there, and also access e-mail files while the employee is completely unaware.

In this day and age, the only sure way for an employee to make sure he or she is not unwittingly disclosing private information is to refrain from any private use of workplace computers. Assume that your employer is monitoring your communications. Review your employee handbook to see what the company’s policy is on internet and e-mail use and monitoring. Chances are when you signed the page acknowledging you received the handbook, you also consented to electronic monitoring in some form. If you do not want your employer or other co-workers to see an e-mail you authored, or you don’t particularly want the boss to know how much time you spend at the Eagle’s cheerleaders’ website, save it for home or your personal laptop.

A word about laptops. Do not assume because you are using it out of the office and it is not tied into your network that your employer cannot monitor your personal use. Even if you delete all personal e-mails and documents before you turn it back in, the employer can still retrieve the information from your hard drive as well as find out what internet sites you visited while it was in your possession.

Employers have a legitimate interest in monitoring internet usage and e-mails. The company could be the target of a sexual harassment lawsuit as a result of inappropriate internet content or e-mails circulated at work. Also, during work hours, the company is paying for its work to be done, not the employee’s. Another recent study estimated that American businesses will lose $3.8 billion in lost worker productivity just due to employees’ internet use during the NCAA basketball tournament to track their standing in their office pools.

Being aware of how to and how not to use your computer at work may make a difference in your longevity with your company. Forewarned is forearmed.

Should You Accept A Severance Offer?

Many downsizing companies offer severance packages to laid off employees to reduce costs and buy peace. In many cases, employers offer cash in a lump sum or paid out over regular pay periods in addition to continued healthcare benefits, career coaching and job retraining, even tuition assistance to return to school.

Whether to accept a severance offer is a uniquely personal decision that requires the affected employee to carefully evaluate several important factors. Among the questions an employee should ask are:

  • Is the money offered enough to carry me until I am likely to find new employment?
  • Do I have an alternate source of health insurance, such as my spouse?
  • Are my skills easily transferable to a new position?
  • What shape is the company in financially?
  • What are the tax consequences?
  • Do I have any leverage, i.e. a potential legal claim or competitive knowledge, that could be used to negotiate a better deal?

A proposed severance package should be reviewed by an attorney. Unless the company is trying to pull a fast one, it should not object. In fact, releases against age discrimination claims are not effective unless the company specifically advises employees to seek legal review and provides them twenty-one (21) days in which to do so. Making a knee-jerk or emotional decision with regard to a severance package could cost you thousands of dollars. Be wary of anyone pressuring you to make a decision on a severance package within a day or two.

Scott Fegley To Speak At July 13th PERC Breakfast

Scott Fegley will be the featured speaker at the Lower Bucks Chamber of Commerce “Percolator” general membership breakfast on July 13, 2006, at the Bucks County Community College. Mr. Fegley will be speaking on preventing harassment and hostile work environment claims. Mr. Fegley presently serves as counsel for the Chamber of Commerce as well as chairman of its Transportation Committee. Mr. Fegley is an adjunct instructor on Labor and Employment Law at the Bucks County Community College.

Transportation And Traffic Safety Day To Be Held At Sesame Place On Saturday, May 20th

The Lower Bucks Chamber of Commerce’s first ever Transportation and Traffic Safety Day will be held in the parking lot at Sesame Place in Langhorne on Saturday, May 20, 2006, from 10:00 a.m. to 3:00 p.m. The event is open to the general public and free. All persons attending will receive a discount coupon good toward Sesame Place admission. If you would like additional information regarding this event, please call our office at (215) 493-8287.

Planned exhibits and events include a bike rodeo with T-shirts and prizes for the kids, car seat safety checks (by reservation), and the PADUI “Safety Bug,” a computer controlled VW Bug that will simulate driving under the influence for the driver and passengers. Visitors can put on “Beer Goggles” and try to walk a straight line for the Bensalem Police. Several other police, fire and rescue departments, a corvette club, and SADD and MADD will also have exhibits.

The event was conceived by Scott Fegley, chairman of the Chamber’s Transportation Committee, as a community service and a way to promote awareness of traffic and transportation safety around prom time and the summer exodus to the shore and other vacation hotspots. Corporate sponsors are Wal-Mart, Enterprise Rent-A-Car, Babies R Us, Sesame Place, The Courier Times, Bucks County Transportation Management Association, Peco Energy, Verizon, Premier Bank, Law Offices of Scott I. Fegley, P.C., Meadowbrook Mortgage, Friendly Rent-A-Car, Century 21/ Chapman Agency, Allstate Insurance/Kramer Agency, and the Bensalem Family Health Center.

We Grow With Your Referrals

On February 22nd, the firm celebrated its fourth anniversary. In four years, it has grown from Mr. Fegley and his laptop in shared office space to a company employing four people. The growth has been due in large part to referrals from our friends and clients.

As our way of showing our appreciation, the firm will provide a $100.00 donation to a charity of your choice for anyone referring us a new client generating a fee of $1000.00 or more.

Visit Us Online at: www.fegleylaw.com

Makefield Executive Quarters, 301 Oxford Valley Rd. Suite 402A, Yardley PA, 215-493-8287
New Jersey Office: 420 Sandalwood Ave. Hamilton Sq. NJ, 609-587-2696