I have been discussing the intersection between the use of
technology and employment law as long as I have been practicing.
Initially, my discussions centred around the "misuse of email
and Internet" while at work, and the primary concerns were
individuals surfing inappropriate websites at work and forwarding
those annoying chain emails and offensive jokes. As time went on,
technology evolved and as I often say, evolutions in technology can
increase productivity, but can also provide new and more
interesting ways for employees to get themselves into trouble. The
rise of the Smartphone, the tablet, and social media, have changed
the discussion dramatically and led to far more focus on off-duty
conduct. In recent years, we have seen hundreds of examples of
off-duty conduct that led to discipline or dismissal.