California Labor Code section 132a, the anti-retaliation provision of the state workers’ compensation statute, has commonly been used to support a tort claim for wrongful termination in violation of public policy. Plaintiffs often argue at the demurrer stage that the California Supreme Court’s decision in City of Moorpark, 18 Cal. 4th 1143 (1998), provides the basis for such relief. City of Moorpark, however, never actually addressed the specific issue of whether Labor Code section 132a could […]

The recent dismissal of a staff member at a daily newspaper in Johannesburg for making inappropriate comments on Twitter about the publication, poses new dilemmas for South African employers.

The question is whether employers can forbid their employees from disclosing their company’s identity on Facebook, Twitter or other social media profiles. Moreover, is it within the employer’s rights to discipline an employee who refuses to comply?

In both instances, the answer is no. Disciplinary action can […]