Biglaw, Blogging, Free Speech, Labor / Employment, Ridiculousness, Technology

O’Melveny & Myers Launches ‘Witch Hunt’ for ATL Tipsters?

O'Melveny Myers LLP logo Above the Law blog.jpgWe respectfully submit that the powers-that-be at O’Melveny & Myers need to “chill” (as Rep. James Clyburn (D-S.C.) recently told former President Bill Clinton).
The folks at OMM apparently have some totalitarian tendencies. We heard they no-offered a summer associate from last year based on this individual’s personal blogging about the summer associate experience (which didn’t even mention the firm by name). And now we hear this rumor (by phone and by email, from multiple sources):

[T]he firm is furious about (true) comments sent to ATL about the firm’s poor performance and underhanded layoffs. Apparently, the fire rages so much so that OMM is dead set on a witch hunt to find the associate(s) who leaked the goings on to ATL.

Both the firm’s tech department and outside techies have been enlisted to figure out which associate’s computer the comments were sent from. OMM associates are now scared to even check your site while at work (though of course are keeping in the loop through home computers).

We contacted the firm for comment. We haven’t heard back from them as of the time of this posting.
We know next to nothing about labor and employment law. But to the labor lawyers among you, here’s a hypothetical:

You’re a lawyer at a major law firm. You provide negative information about your employer to ATL and/or post a comment on ATL (or a similar message board), complaining about the terms and conditions of your employment (e.g., salaries, bonuses, fringe benefits). Your employer finds out what you did, and promptly fires you.

You’re a lawyer — a well-educated, highly-paid professional ($160K+). You are not a member of a union; your office doesn’t have one.

You want to sue your former firm for firing you. Do you have any claim that your conduct was collective activity protected under the NLRA? Might you have any other cause of action, under federal or state law?

Maybe our friends at Workplace Prof Blog can enlighten us. Or if you’re a labor and employment lawyer, feel free to opine in the comments.
P.S. We’re experiencing mysterious technical difficulties this afternoon, so this may be our last post in a while. Maybe OMM is hacking ATL?
Earlier: Prior ATL coverage of O’Melveny & Myers (scroll down)

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