Question

Alpha Corp. is a multinational firm, headquartered in Maryland, but with subsidiaries it wholly owns all over the world. Jackie works for one of its subsidiaries in the Ukraine. Jackie is a U.S. citizen, but has worked in the Ukraine subsidiary for over ten years. Over the years, her managers have made sexist comments in passing towards some of the females that are at the associate level. Mostly they are comments that “it’s a waste to train women as they are just going to get pregnant and want a lighter schedule once the babies arrive,” or, that women would be “too emotional” to make the tough management decisions. Note, that these comments are mostly made in break rooms between the male managers, and they try to hush their remarks when they see women passing by.

Jackie is up for a promotion to management. She’s had excellent work reviews the whole time she is there. However, she finds out that she is pregnant, and she has asked for maternity leave (which the company offers 2 months paid leave for all employees). When she comes back to work after maternity leave, she finds out that Paul, who has only worked there for 5 years, received promotion to management.

Please answer the following question and provide legal reasoning: During the discovery process of this discrimination suit, Alpha Corp. learns that Jackie had made disparaging remarks about Alpha Corp. on her private social media pages, which would have been in violation of an agreement she signed with Alpha Corp. upon being hired. The agreement stated that the employee could not make statements that would put Alpha Corp, or its affiliates in a negative light, potentially hurting its brand. Could Alpha Corp. use this information in its discrimination suit? What about using this information to terminate Jackie’s employment? Fully explain your answer to both of these questions

Answer 1

All the companies take an undertaking that the employees shall not involve in any act that would bring the name of the company down. It includes being a member of a prohibited social group, giving statements to mass media and posts in social networking sites. Although all the individuals have civil rights to express their views even against the government, defamation will be one area people will be trapped. The company can use this to terminate the employee even without approaching a court for considerations because each company has its own written rules. Besides the employees sign a consent form that they won't do it by signing the form at the beginning of the employment. This form along with the post in the social networking site can be used against Jackie uptown terminating her job.