Social Media, Adverse Employment Action

Curious About Your Newest Employee’s Social Media Presence? Too Bad, Because in New York, It Could Cost You!

Akerman LLP - HR Defense on 4/24/2024

In the era of Tiktok influencers and Instagram models, almost everyone has an online side hustle, and that highly qualified referral you just interviewed or bright new hire you just made might just be one of them! The same...more

Recent New York Legislation Highlights Tension Between Employee Privacy and Regulatory Compliance for Broker-Dealers and Advisers

Dechert LLP on 3/13/2024

As of today, March 12, 2024, a New York state statute, in certain circumstances, restricts employers “from requesting or requiring that an employee or applicant disclose any . . . means for accessing a personal account...more

EntertainHR: Michigan’s Miscue—Is Your Company Ready for a Social Media Scandal?

FordHarrison on 6/7/2023

Only a few days after being hired by the University of Michigan’s football program as the assistant director of football recruiting, Glenn Schembechler (son of longtime Michigan head coach Bo Schembechler) resigned after his...more

#No Filter: Terminating an Employee for Social Media Posts – Part 4

Cozen O'Connor on 6/14/2021

Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. However, those bygone times have been replaced by a modern...more

Employers Grapple with Workers’ Off-Duty Behavior

McDermott Will & Emery on 10/13/2020

Employees gathering with friends, expressing their political views and posting about these things on social media have created for employers an increasingly urgent question: When the people engaging in unsafe or politically...more

Social Media + Employees = Hot Mess

Constangy, Brooks, Smith & Prophete, LLP on 6/30/2020

Can you discipline or fire an employee because of his or her social media posts? Do employees have a constitutional right to say whatever they want online or at a protest? What blowback might companies face due to negative...more

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

FordHarrison on 10/30/2019

With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams...more

Can Employers get a Grip on Griping? Not all Gripes are Created Equal…

Cohen & Gresser LLP on 9/25/2019

Negative employee attitudes, chronic complaining, insubordination and gossiping are bad for the workplace. They can impact employee morale and productivity, and if spread outside of the organization, reflect very poorly on...more

Gonna Have To Face It: We’re Addicted to…Everything?! Digital Addictions In The Workplace

Fisher Phillips on 4/3/2019

Cell phones. Video games. YouTube. TV. iPads. Kindles. Online Gaming. Netflix. Hulu. Amazon Prime. Stream, click, stream, repeat. As the years go on, so too does the list of things to which people become addicted. Emerging...more

Maryland State Government Employee’s Job Duties Reinstated after Demotion Following Facebook Post

Seyfarth Shaw LLP on 1/4/2019

Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers....more

Roseanne Barred from ABC: How to Protect Your Business from Social Media Meltdowns

FordHarrison on 6/6/2018

Roseanne Barr, known for her big mouth and abrasive humor, is no stranger to controversy. (I still cringe when I recall her rendition of the national anthem.) Unfortunately for her, and the more than 200 people who worked on...more

Employee Social Media and Employee Discipline – Caution

Ruder Ware on 2/21/2018

A number of companies have adopted social media policies that address the types of things employees can post on social media even if it is the employee’s private social media page. While companies have the right to protect...more

No Union Protection for Employees “Sick” Over No Paid Absences

Bradley Arant Boult Cummings LLP on 8/1/2017

Can employees protest a company sick leave policy with an internet meme that suggests the company’s food is not safe? Not according to a recent Eighth Circuit decision. MikLin (doing business as Jimmy John’s in Minnesota)...more

Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA

Mintz - Employment Viewpoints on 4/26/2017

The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election. The catch here is that the Second Circuit...more

Where’s the “Dislike” Button? 2nd Circuit Affirms Employee-Friendly Social Media Ruling

Obermayer Rebmann Maxwell & Hippel LLP on 11/6/2015

In my last post on HR legalist, I outlined the current state of the law regarding employee social media use. One trend I have been following is the National Labor Relations Board’s expansion of protections for employees who...more

Nevada Latest State To Limit Employer Access To Employee Social Media Accounts

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/18/2013

Nevada has become the eleventh state in the nation to enact a law restricting employer access to employee social media accounts. Beginning October 1, 2013, it will be illegal for Nevada employers to require or request that an...more

Post Summer Part 3 of 5 - Passive Recipient or Active Trickery?

Cozen O'Connor on 9/18/2013

Last week began this series of five posts to highlight five developments from this past summer in the area of social media and employment law. In Part 3 today: If an employee’s Facebook post can reasonably support an adverse...more

Social Media › Adverse Employment Action

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