News & Analysis as of

Hiring & Firing Facebook First Amendment

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -

4th Circuit sets a match to battalion chief's First Amendment claims

by McNair Law Firm, P.A. on

Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with the...more

Shock the Monkey: Police Officer Photo Post on Social Media Costs Him His Job

When is a “joke” so not funny that you lose your job? The Mississippi Court of Appeals gave some direction on that question, affirming the City of Meridian’s termination of a police officer for an inappropriate (arguably...more

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Crying Over (Virtual) Spilled Milk: ACLU Sues School District For Firing Employee Who Posted Vegan Beliefs Online

by Franczek Radelet P.C. on

A recent lawsuit out of Ohio brings a local flare to what has otherwise become a relatively common story. We’ve all heard of teachers being disciplined or dismissed for posting something thoughtless online that led to...more

Facebook: Fireable Offense or Free Speech?

by Hodgson Russ LLP on

The interplay between an employee’s postings on Facebook and the impact of those postings on his or her employment status is an evolving area of the law. Just last month, the U.S. District Court for the Northern District of...more

What's in a "Like"? Precedent-Setting Case Poses New Risk for Employers

by Littler on

The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for "liking" the campaign...more

Firing Employees For Their Social Media Content – First, Stop And Think [Audio]

by Gray Reed & McGraw on

Much has been written about whether you can fire someone for what they put on Facebook. Your gut reaction may be that surely if someone talks bad about the company, you can fire them. The National Relations Labor Board...more

New Jersey District Dismisses Teacher Who Called Students “Future Criminals” On Facebook

by Franczek Radelet P.C. on

Earlier this month, a New Jersey appellate court affirmed the dismissal of a tenured teacher for comments she made about her students on Facebook. Good summaries of the case, In re O’Brien, can be found through the National...more

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Cybersecurity

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