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Social Media Hiring & Firing

Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -

What Can You Say in the Workplace? Whatever Your Employer Allows You to Say...

The recent controversy involving the Google employee fired for challenging his employer’s diversity policies highlights some misconceptions concerning free speech rights in the workplace....more

Employee’s Facebook Post Crossed the Line

by Saul Ewing LLP on

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

Q And A On The Recent Controversy

On the recent uproar involving a major, major employer and its recently-terminated employee: No. 1. Is it a good idea to provide an “open forum” to employees if there are certain topics that are off limits? No. If you want...more

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

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

Bankers Life and Casualty: Illinois Appellate Court finds Connecting to Old Colleagues via LinkedIn Does not Constitute Unlawful...

New job to-do list: (1) send goodbye email; (2) attend goodbye party; (3) update LinkedIn account; and (4) then use said LinkedIn account to send old colleagues new contact information. This sounds like a pretty standard...more

Digital Disruptions: Handling Social Media Misuse By Students And Educators

by Fisher Phillips on

Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more

Are You A Harassment “Daredevil”? Here Are 5 Behaviors That Put You At Risk.

Not every obnoxious workplace behavior is unlawful harassment. To violate federal law, the harassment has to be unwelcome, based on a “protected category” (for example, sex or race), and “severe or pervasive.” But most...more

Social Channels Give the Public a Glassdoor and Employers a Mirror

by NAVEX Global on

A comment placed on Glassdoor.com has resulted in an employee losing their job and a company being sued by the Equal Employment Opportunity Commission (EEOC). The current discussion in the press is focused on the idea that...more

“Tantrums” Aside, the Law Leans Toward the Employee in Issues of Social Media and Free Speech

Whether or not your friends and family get a kick out of your misery at work, that online post of yours might tick off your employer. But what rights do employers have to restrain their employees from complaining about them...more

Social Media Lesson for Employers: Recent $1.5 Million Retaliatory Discharge Verdict

by McNair Law Firm, P.A. on

On May 11, 2017, a federal jury in Charlotte, North Carolina awarded a former fire department employee, Crystal Eschert, a $1.5 million verdict in a retaliatory discharge lawsuit that teaches powerful lessons in today’s...more

Employer Cannot Fire Employees For Obscenity-Laced Facebook Posts During Union Organizing Campaign

by Tonkon Torp LLP on

Section 7 of the National Labor Relations Act protects employees who engage in concerted activities for purposes of collective bargaining or for mutual aid and protection. How far that protection extends was tested in NLRB v....more

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

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

Court Upholds Reinstatement of Fired Facebook Ranter

Employers, what would you do if an employee made a post on Facebook that referred to his/her supervisor as a “nasty mother***er” and also stated “f**k [the supervisor] and [his/her] entire f***ing family?” It’s a no-brainer...more

Second Circuit Holds NLRB Did Not Err in its Finding that Facebook Posting that Supervisor is a “Nasty Mother F***er” and “F***...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit agrees with the Board that the use of profanity in a Facebook post was not “opprobrious enough” to lose the NLRA’s protections and justify the employer’s termination of the employee....more

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

by Kelley Drye & Warren LLP on

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

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

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

Profane Facebook Message Protected Under The NLRA

by Saul Ewing LLP on

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

F-Word Facebook Firing Flipped By Federal Court

by Fisher Phillips on

In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire...more

Employment Law Navigator – Week in Review: April 2017 #4

by Zelle LLP on

Last week, the EEOC announced that The American Dental Association has agreed to pay $1.95 million to settle retaliation claims. The Association’s former legal counsel and director of human resources alleged that they were...more

Employment Law - April 2017

Eleventh Circuit: Title VII Doesn’t Prohibit Sexual Orientation Discrimination - Why it matters - In a decision that is already being cited in other courts around the country, the U.S. Court of Appeals for the Eleventh...more

Episode 11: Legal and Business Issues Stemming From Employees' Out-of-Work Conduct

by Akerman LLP on

Matt welcomes Angela Corridan, Director of Labor & Employment Law for JetBlue Airways Corporation, and Ron Palmese, General Counsel for Shake Shack, to generally discuss both employees' and employer's increased social and...more

Employment Law Navigator – Week in Review: April 2017

by Zelle LLP on

There was a lot of discrimination law action last week, including the announcement of a $12 million settlement to be paid by Texas Roadhouse. The EEOC brought an age discrimination suit against the Louisville, Kentucky-based...more

The Pros and Cons of Social Media in Job Screenings

by Pullman & Comley, LLC on

It is not surprising that a recent survey released by the Society for Human Resource Management revealed that a growing number of employers are using social media both to hire and to disqualify job candidates. Social media...more

Checking In on Background Checks

by Zelle LLP on

Background checks are a valuable (and often essential) part of the hiring process. They help employers find good employees and avoid risky hires. Failure to check applicants’ backgrounds can amount to negligence and may...more

Employment Law Navigator – Week in Review: March 2017 #2

by Zelle LLP on

Last week, Magnolia Health, a California company that operates health care and assisted living facilities, agreed to pay $325,000 and furnish other relief to settle a disability discrimination class action lawsuit. In the...more

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