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Hiring & Firing › Termination › Facebook

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 -
Saiber LLC

Appellate Division Upholds Termination of Employee Based on Her Facebook Posts

Saiber LLC on

​​​​​​​On March 21, 2024, the New Jersey Appellate Division issued a decision in Zack v. Integra Lifesciences Corp. in which the court upheld the termination of a White woman based on public posts she made on Facebook during...more

Lowenstein Sandler LLP

Private Employer May Terminate Employee for Racially Insensitive Social Media Post

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Last week the New Jersey Appellate Division affirmed the dismissal of a lawsuit by an employee who alleged she had been wrongfully terminated based on her controversial Facebook post. In so doing, the court held that the...more

Weber Gallagher Simpson Stapleton Fires &...

Third Circuit Affirms Termination of Employee for Facebook Post that Advocated Violence

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On June 30, 2018, Lisa Ellis signed into her personal Facebook account and commented on a news story about a councilman who had been arrested for driving a car through a crowd of demonstrators protesting the untimely death of...more

Sherman & Howard L.L.C.

Facebooking Misappropriated Employer Form Is Not Protected Activity

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On June 11, 2018, the National Labor Relations Board (Board) Division of Advice applied the Board’s new Boeing standard for assessing employer policies. The Division advised that an employer did not violate the NLRA when it...more

Dorsey & Whitney LLP

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

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Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Constangy, Brooks, Smith & Prophete, LLP

Courts Uphold Law Enforcement Officer’s Discharge For Racially Insensitive Posts

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The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection. However, the freedom of speech guaranteed...more

Saul Ewing LLP

Employee’s Facebook Post Crossed the Line

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Last week, the Third Circuit denied a Pennsylvania-plaintiff’s application to have her retaliation claim against her former employer reinstated. The plaintiff, Mindy Caplan, a former district manager for the retail chain...more

Orrick - Employment Law and Litigation

Oh F**k: Employee’s Profane Facebook Post is Protected Activity

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On April 21, 2017, the Second Circuit Court of Appeals upheld a National Labor Relations Board (NLRB or Board) ruling that an employer violated the National Labor Relations Act (NLRA or Act) when it discharged a catering...more

Kelley Drye & Warren LLP

Now You, Too, Can Call Your Boss a Nasty Motherf****r

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Maybe we’ve all thought it at some point in our careers. But according to the Second Circuit Court of Appeals, you might actually be able to get away with saying it—that is, calling your boss a nasty mother****r—if you’re...more

Cole Schotz

Employers Beware: Facebook Posts May Not Be Enough to Fire Employees

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On Friday, April 21, 2017, the Second Circuit affirmed a National Labor Relations Board (“NLRB”) ruling, which found that Pier Sixty, LLC (“Pier Sixty”) violated the National Labor Relations Act (“NLRA”) when it terminated...more

Saul Ewing LLP

Profane Facebook Message Protected Under The NLRA

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Last week, the Second Circuit held that an employer violated the National Labor Relations Act (“NLRA”) when it fired an employee who had posted a profane and vulgar message on Facebook that insulted a manager and urged...more

K&L Gates LLP

Employee Fairly Dismissed for Facebook Comments Posted Two Years Earlier

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What happened? In Smith v British Waterways Board the Employment Appeal Tribunal (“EAT”) decided that an employee was fairly dismissed for posting derogatory and disparaging comments on Facebook despite the comments being...more

Robinson & Cole LLP

NLRB determines vulgar Facebook posts protected concerted activity

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The National Labor Relations Board (NLRB) determined that Pier Sixty LLC, a New York catering service, violated federal labor law by firing an employee server after he posted a Facebook message protesting supervisory abuse...more

Sherman & Howard L.L.C.

Facebooker–Good Citizen or Fired?

Sherman & Howard L.L.C. on

Can an employee’s Facebook post be grounds for termination? The Fifth Circuit says, “Yes.” Graziosi v. City of Greenville Mississippi, No. 13-60900 (5th Cir. January 9, 2015). A police officer posted on her Facebook page and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey District Court Holds That Stored Communications Act Protects Employee’s Private Facebook Posts, But Employer Still Free...

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305-WJM-MF (D.N.J. Aug. 20, 2013), a registered nurse was fired after her employer viewed several of her controversial private Facebook posts. In a matter of...more

Littler

Workplace Policy Institute: Social Media Password Protection and Privacy — The Patchwork of State Laws and How It Affects...

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Introduction - Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Facebook Postings Showing Misuse of FMLA Leave Can Form Sufficient Legal Basis of Termination

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Based on the number of social media decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National...more

Akerman LLP - HR Defense

Tweet, Follow, Or Get Out Of The Way: What All Employers Need To Know About Social Media In The Workplace

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Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media in the workplace has become a fact of life for all employers. Companies are learning that these once feared social media sites can be powerful marketing...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Orders Reinstatement of Employees Fired Over Discussion on Facebook

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (Dec. 14, 2012), the National Labor Relations Board (NLRB) found that an employer violated section 8(a)(1) of the National Labor Relations Act (NLRA) by firing five...more

Fenwick & West LLP

Fenwick Employment Brief - February 2013

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In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

Foley & Lardner LLP

Employee’s Facebook Fumble Dooms Her FMLA Claims

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As we have previously mentioned, an employer’s use of social media content has its risks and legal limitations. However, under certain circumstances, an employee’s social media activity may prove relevant to and warrant...more

Patterson Belknap Webb & Tyler LLP

NLRB Issues Pair of Decisions Limiting Employer Discipline and Policies Regarding Social Media

Patterson Belknap Webb & Tyler LLP on

The National Labor Relations Board (NLRB) recently issued a pair of decisions helping to clarify the limits on employers’ ability to (1) discipline employees for their social media activities and (2) implement confidentiality...more

Franczek P.C.

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

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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

Pierce Atwood LLP

What Some Would Call Harassment, The NLRB Calls Protected Concerted Activity

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Last month, the National Labor Relations Board (NLRB) issued its latest opinion on the scope of employees’ Section 7 rights while posting on social media sites like Facebook. Hispanics United of Buffalo, which involved the...more

Foley Hoag LLP

NLRB Confirms that Comments Posted on Social Media May Be Entitled to Protection

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The National Labor Relations Board (NLRB) recently issued a significant decision - solidifying the position it has staked out over the past 18 months - that an employee’s posts on social media may be entitled to protection...more

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