Hiring & Firing Social Media

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 -
News & Analysis as of

2016 presidential election dynamics in the workplace: Free speech? ‘You’re fired’

None of us are immune from this year’s presidential election dynamics. Disrespect and name-calling seem more prevalent than policy discussions. The election is highly polarizing, potentially pitting employee against...more

Inappropriate Social Media Activity Dooms Job Applicant’s Prospects

Being connected to not just your friends, but their friends and their friends’ friends (it’s all six degrees of separation, right?) means that it’s become increasingly hard to stay anonymous when using an online dating...more

Your daily dose of financial news - The Brief – 9.26.16

The Deal Professor weighs in on Yahoo’s announcement last week of the hack of roughly 500 million of its customers’ data and the specter of the MAC (material adverse change) that Verizon may choose to invoke to dance away...more

Start-up, Joberate, Assigns Score to Employees to Determine their Job Search History

Most individuals seeking out new job opportunities use their personal e-mail address to correspond with a prospective employer, presumably keeping that job hunt secret from their current employer. However, now, Joberate, a...more

Social Media Research Reveals Insights for Retaining Top Talent

Successful companies depend on finding and retaining talented employees. Attrition, on the other hand, is expensive. A constantly revolving door means more money and time spent training new employees, makes it hard to build...more

Can Social Media Posts Lead to Termination?

The short answer is “yes.” Employers are permitted to terminate employees based upon their social media posts. Some may be surprised by this. Many will claim that such a termination violates the employee’s “freedom of...more

#Fired: Post a Tweet, Lose Your Job

Many people enjoy spouting off what they view as 140-character tidbits of wisdom on the social media platform Twitter. But recently several individuals have found themselves in trouble with their employers (read: former...more

Ariana Grande’s online antics result in job loss at the White House

Newly leaked e-mails reveal that pop sensation Ariana Grande lost a gig performing at the White House based on a video circulated online last year. The surveillance footage taken at a California doughnut shop showed Grande...more

Employment Law Navigator – Week in Review: June 2016 #4

Last week, a television reporter filed a lawsuit against her former employer alleging that she was discriminated against because she is white. The reporter was terminated following a post on her employer’s Facebook post that...more

Social Links: Livestreaming goes mainstream; social-media-use guidance for judges; three years in jail for trolling?

Facebook signs more than $50 million worth of deals with media firms and celebrities to create videos for its live-streaming service....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

Social Links—Twitter loosens up; case against Google stands; should millennials be in charge of big social media campaigns?

Here’s how Twitter is loosening up its 140-character limit. The federal government will now check the social media history of prospective employees before granting them security clearance....more

Social Media-Based Screening and FCRA

By now, most employers are familiar with the requirements of the Fair Credit Reporting Act (FCRA) and understand how it impacts background checks and applicant screening. In short, FCRA says that if an employer uses a third...more

A Recipe for Burrito Disaster: Twitter and the NLRA

In Havertown, Pennsylvania, Chipotle recently had some negative publicity and, for once, E. coli was not the culprit. Instead, James Kennedy, a 38-year-old war veteran, was terminated from Chipotle, after criticizing the...more

Social Media Fail: Sometimes Even Employers Memorialize Bad Decisions on the Internet

Don’t deny it: you scroll through your social media feeds past the mundane photos, click-bait, and “humble brags” in search of explosive drama. Eventually, you might land on a status update from one of the reliable...more

Discrimination Based on Marital Status in Employment Law

There are a number of special legal and social advantages offered to people who choose to enter into the institution of marriage. Similarly, a whole host of benefits are offered to domestic partners in California. These...more

No Right to Privacy in the Workplace?

Last week the European Court of Human Rights held in Barbulescu v Romania (Application no. 61496/08) that there was no breach of the right to privacy where an employer searched the contents of an employee's instant messaging...more

Employment Law Navigator – Week in Review: December 7, 2015 #2

Data breaches were in the news again last week. The Association of Corporate Counsel released findings including the startling news that one-third of in-house counsel reported their organization had suffered a data breach...more

Accessing Employee Social Media Accounts a No-No in Connecticut

We’ve got nearly a sold-out crowd for this Friday’s joint program on Data Privacy and Noteworthy Human Resources Issues produced by my firm, Shipman & Goodwin, and the Connecticut chapter of SHRM. I’ll be moderating the...more

Employment Law Navigator – Week in Review: November 24, 2015

Last week, the EEOC released its Fiscal Year 2015 Report, in which it describes 12 months of positive results. According to the report, monetary relief obtained for individuals was up, and the number of systemic charges of...more

"Likes" on Facebook are Protected Employee Conduct

The United States Court of Appeals for the Second Circuit recently upheld a National Labor Relations Board (Board) decision holding that a sports bar violated the National Labor Relations Act (Act) when it discharged...more

The Second Circuit “Likes” the NLRB’s Reasoning

In recent years, the National Labor Relations Board has tended to protect employees’ social media activity against employers. A few weeks ago, the Second Circuit upheld a decision of the National Labor Relations Board...more

[Event] Sheppard Mullin's Labor & Employment Year In Review - Nov. 19th, New York, NY

Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including: Where We've Been and Where We're Going: Key legislative developments and leading court...more

Court “Likes” NLRB’s determination that Facebook posts are protected under the NLRA

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more

Second Circuit Sides With NLRB In Facebook Dispute

As employees continue to flock to social media in droves, employers have been craving additional guidance about how, if at all, they can regulate work-related posts. While it is no secret that employees in unionized and...more

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