Harassment Social Media

News & Analysis as of

Employers haunted by Halloween

Happy Halloween! We hope you are getting only treats today and no tricks. But in keeping with the holiday spirit, today’s post highlights some unintended tricks employers may face from Halloween. ...more

Can privileged settlement negotiations be used to prove a hostile work environment?

In Shaw Communications Inc. and Unifor, Local M1, Re, 2016 CarswellNat 4032 (Saunders), a dispute arose following an employee’s allegation of harassment against a coworker. The employee filed a harassment complaint, and then...more

Social Links: Twitter offers anti-harassment tools; Pinterest takes on video ads; P&G changes its social strategy

Twitter took steps to remedy its harassment problem. In addition, over the last six months, Twitter suspended 235,000 accounts that promoted terrorism....more

Do you have privacy rights on social media?

True or False: Your privacy rights are diminished in social media. Most people would probably say this is true, and there are certainly court decisions asserting that people give up privacy interests once they post otherwise...more

North Carolina Cyberbullying statute struck down as unconstitutional

On February 9, 2012, Robert Bishop was arrested and charged with one count of cyberbullying under the North Carolina Cyberbullying statute, which states that it is “unlawful for any person to use a computer or computer...more

Employment Law Navigator – Week in Review: June 2016 #3

Last week, cybersecurity was a big issue. Fortune reported that the average cost of a data breach is $4 million, and Inc. explained that even mom-and-pop shops can be victims of a hack. HR Examiner framed the discussion a...more

The War to Stay Secure: Online Privacy and the Battle in the Civil Courts against Sexual Cyberharassment

Privacy Is Fundamental, Right? Over one hundred years ago, Samuel Warren and Louis Brandeis recognized that individual rights were fundamental and “as old as the common law.” Samuel D. Warren & Louis D. Brandeis, The...more

Does Employees’ Use of Apps Lead to Violations of Workplace Policies?

The constant and evolving release of new apps used by employees both personally and in the workplace continue to present challenges to employers in the implementation and execution of workplace policies designed to protect...more

Evidence and Social Media: Notes from the Canadian Twitter Trial

On Friday, January 22, 2016, the Ontario Court of Justice released reasons in R. v. Elliott, 2016 ONCJ 35. The case involved allegations that the accused engaged in criminal harassment of two women by repeatedly communicating...more

Many Bases of Discrimination Can Lead to Harassment, Panel of Experts Tells EEOC Task Force

Innovative Uses of Social Media Can Spread Awareness of Problem, Raise Specific Complaints, and Help to Change Social Norms, Practitioners Say - WASHINGTON-The bases of workplace harassment extend beyond sex and race to...more

Discipline Based on Social Media Activity – An Update

Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

That is SO last week - October 2015 #4

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

The Paradox of Cell Phones: When the Convenience of Digital Communication becomes Inconvenient

These days, you will be hard pressed to find anyone without a cell phone in their possession. Not surprisingly, those cell phones often capture someone at their best and, at times, their worst moments. As Judge Lawrence R....more

Implied Threat on Facebook Insufficient to Support Stalking Conviction

Last month, the Massachusetts Supreme Judicial Court (SJC) held that a Facebook profile may constitute a “threat” within the meaning of the Massachusetts stalking statute. However, a profile that is merely “vaguely ominous or...more

The Top Social Media Platforms’ Efforts To Control Cyber-Harassment

Social networking platforms have long faced the difficult task of balancing the desire to promote freedom of expression with the need to prevent abuse and harassment on their sites. One of social media’s greatest challenges...more

Hold that Friend Request: Legal Traps in a Post-Facebook Work Environment

Many well-meaning managers engage with employees on social media websites, and doing so provides a host of benefits: stronger relationships between employees and management; a sense of collegiality; instant updates on...more

Does Arizona Have a Revenge Porn Law?

Modern technology has given birth to a host of crimes that did not exist just a decade ago. Revenge porn is one of those crimes. As an Arizona revenge porn criminal defense attorney, I am consistently asked whether or not...more

When Political Discourse “Trumps” Workplace Rules

You thought Donald Trump was all over the place before. The golf courses, beauty pageants and reality shows paled in comparison to what we have seen and heard in 2015. Jumping into the ring of this election cycle’s...more

The Aftermath: Developments From The 2015 Session of The Connecticut General Assembly Affecting The Workplace

The 2015 session of the Connecticut General Assembly has just concluded. The following is a concise description of employment-related bills that were passed by the General Assembly that may be of interest. A more...more

Harassing Facebook Posts Justify Termination

A recent labor arbitration decision illustrates that an employer can terminate an employee who uses social media to insult and threaten co-workers in violation of a workplace harassment policy. This case arose when the...more

Must Schools Protect Teachers from Bullying by Students Online?

A lawsuit filed by a California teacher against the school district where she works puts a new spin on an old problem. As the National School Boards Association reported, the suit, filed last week by Amy Sulkis in the Los...more

Status Updates - January 2015 #3

A Craigslist conviction. The highest court in Massachusetts upheld the conviction under the Bay State’s anti-harassment statute of a couple who posted fake Craigslist advertisements that caused a great deal of trouble for...more

Poetic Justice – 2014 Wrap Up (Part 1 of 2)

This is the time of year to anxiously look forward to all that is anticipated to come in 2015. But it is also the time to look back at all that has happened in 2014. Rather than simply give you links to all of my stimulating...more

Managing Social Media-Issues Consistent With The Law

In this age of electronic communication, social media has added another dimension to the array of issues schools must address in order to maintain the integrity of the learning environment while also preserving the rights of...more

Protecting Your Employees (And Your Company's Image) Online

The best and most effective way an employer can combat social media-focused harassment is through education and training on what behavior the company will and will not find acceptable....more

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