[CurtEgerer]

>>By sending those things out to opposing counsel, the employer's lawyer is waiving any privilege or confidentiality.<<

That can't possibly be correct. You're saying the ex-employee's lawyer can now publish that information to the public? The eMails are part of negotiations between the parties and the eMails generated by the employer lawyer have a full confidentiality disclaimer regarding the information.

Edit: Oops, just read your last paragraph - that is pretty much the scenario. I think they are in heap big trouble.