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Social Media Policy › Appeals

Social Media Policies are organizational personnel policies that outline, often in employee handbooks, acceptable standards for online behavior, as well as ownership and maintenance of organizational social media... more +
Social Media Policies are organizational personnel policies that outline, often in employee handbooks, acceptable standards for online behavior, as well as ownership and maintenance of organizational social media accounts and profiles. The development and enforcement of Social Media Policies can be a controversial issue. For example, some Social Media Policies have been subjected to scrutiny by the National Labor Relations Board for being reasonably interpreted as discouraging "protected concerted activity."  less -
Saiber LLC

Court Upholds Employee’s Termination for Violating Employer’s Social Media Policy

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On March 4, 2021, the United States Court of Appeals for the Third Circuit affirmed a decision of the United States District Court for the Western District of Pennsylvania which ruled in Ellis v. Bank of New York Mellon Corp....more

Obermayer Rebmann Maxwell & Hippel LLP

Employers Beware: Can You Legally Terminate an Employee for a Controversial Facebook Post?

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In this era of social media, it has become quite common for employees to post information online about their personal lives, their political views, and information related to their jobs. Social networks have increasingly...more

Dorsey & Whitney LLP

Second Circuit Holds Pro-Union Sentiment Outweighs Impropriety of Profanity-Laden Rant Against Supervisor, His Mother, and “His...

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Use of profanity by employees, whether in the workplace, outside the workplace, or on social media, presents difficult legal issues for the employer, as highlighted by a recent Second Circuit Court of Appeals decision...more

Burr & Forman

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

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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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Police Department's Social Media Policy on First Amendment Grounds

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Most of the recent legal controversy over employer enforcement of social media policies has involved employees’ concerted activity rights under the National Labor Relations Act. However, a recent case from the Fourth Circuit...more

Parker Poe Adams & Bernstein LLP

Second Circuit Affirms NLRB View That Facebook "Likes" Are Protected Concerted Activity

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Last week, the Second Circuit Court of Appeals backed the National Labor Relations Board’s position that employee social media postings are protected concerted activity under federal law, even if they use obscenities that...more

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