Social Media Hiring & Firing

News & Analysis as of

Vetting Employees via Social Media – Walking the Digital Tightrope

As Comedy Central is discovering with the new host of The Daily Show, Trevor Noah, failure to fully vet an employee’s social media activity can have unexpected consequences. At the same time, an employee’s social media...more

Trolling Social Media To Find Your Disgruntled Employees

I’ve often said that the definition of “plaintiff” in a lawsuit can be simply stated as a “pissed off employee.” The old cliché that “a happy employee equals a productive employee” still rings true, but that is only part of...more

Labor and Employment: The Use of Social Media During the Hiring Process - Do the Benefits Outweigh the Risks? (4/15)

As the social media phenomenon continues to dominate our culture and its use has become second-nature, it is worthwhile to revisit some of the issues presented by an employer’s use of social media, particularly in the context...more

[Event] What Employers Need to Know about Attracting, Managing and Separating from Their Employees - April 30, Houston, TX

The Greater Houston Partnership will hold a continuing education series "What Employers Need to Know about Attracting, Managing and Separating from Their Employees: Current Legal Compliance and Talent Management Issues."...more

Best Practices in Social Media for Employers

As the use and reach of social media continues to increase and evolve, employers should be aware of the latest risks and issues to consider during the recruiting and hiring process. The results of an August 2014...more

Sacking UK Employee for Inappropriate Tweets May be a “Fair” Dismissal Under UK Law

In the recent case of Game Retail Limited v Laws, the UK Employment Appeal Tribunal (or “EAT“) considered the fairness of an employee’s dismissal for offensive tweets. This is the first time this issue has been considered at...more

New Challenges for Old Laws: B.C. Court Considers Employee Misuse of Social Media

The Supreme Court of British Columbia’s ruling in Kim v. International Triathlon Union (International Triathlon Union) is the first reported court decision to consider termination of a non-union employee for postings made on...more

Cybersecurity in the Workplace: Obama's Proposals and More

In the past five years, employers both big and small have become accustomed to social media and increased technology in the workplace. Everyone and their parents are on Facebook, and one cannot go anywhere without being asked...more

Facebooker–Good Citizen or Fired?

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

New year - New social media policy?

Game Retail Limited v Mr C Laws - In what is thought to be the first such case involving Twitter, the Employment Appeal Tribunal has overturned an Employment Judge’s decision that an employee was unfairly dismissed...more

15 For ’15: Employment And Labor Resolutions For The New Year

While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. ”Independent contractors” are under...more

Can Offensive Personal Tweets Justify Dismissal?

Most of the case law in the UK on dismissals related to employees' social media activity has been at employment tribunal level and therefore the recent decision of the Employment Appeal Tribunal (“EAT”) in Game Retail v Laws...more

The NLRB Holds That Certain Activity on Facebook is Not Protected

The exact limits of employee protected speech on social media are still finding definition, but a recent National Labor Relations Board decision identifies at least one limit: premeditated insubordination. In Richmond...more

“Egregious” Insubordinate Facebook Post not Protected by NLRA

The National Labor Relations Board (“NLRB”) upheld a San Francisco nonprofit’s decision not to rehire two employees due to their Facebook conversation. In Richmond District Neighborhood Center, the nonprofit ran an...more

10 Tips for Using Social Media during the Hiring Process

Many human resource professionals go beyond the use of traditional resumes, references and face-to-face interviews and turn to social media to gain additional insight into a candidate's qualifications and personality....more

#Insubordination: NLRB Affirms Refusal To Re-Hire Employees Based Upon Facebook Exchange

In prior articles, we have discussed various decisions by the National Labor Relations Board (“NLRB” or the “Board”) protecting employee social media activity as concerted activity under Section 7 the National Labor Relations...more

NLRB Shows Some Restraint in its Protection of Employee Social Media Communications: Employee Termination Arising From “Egregious”...

In the wake of the NLRB’s aggressive crackdown on social media policies, many employers have asked: “Is there any limit to what employees can post on social media about their employers?” It appears that there is. Just last...more

NLRB Upholds Employee Terminations for Facebook Rant

A few weeks ago, I wrote a blog post about the recent line of NLRB cases examining what constitutes “protected, concerted” activity in the context of employees engaging in profane, insulting, or disrespectful conduct or talk...more

NLRB Finds Facebook Posts Go Too Far for the Act's Protection

As we reported previously, social media issues are troublesome for employers who must navigate unsettled or even conflicting federal and state laws and decisions. A recent ruling from the National Labor Relations Board...more

Top 10 Technology Blunders for Employers

As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty...more

Are You Ready for the New Holacracy? Update on Social Media and the Hiring Process

The innovative folks at Zappos have eschewed the traditional job application/interview/job offer process for a social-media-driven process on a Zappos platform. While very up-to-date, does this push the envelope to the point...more

Rhode Island Enacts Employee Social Media Privacy Legislation

Rhode Island has recently enacted legislation intended to protect job applicants’ and employees’ social media accounts and information. The new law prohibits employers from requiring job applicants or employees to disclose...more

10 Ways Your Personnel Policies Are Exposing Your Company to Legal Risk (And What to Do About It)

Your company’s personnel policies set expectations and standards for your employees, and can be used as a key defense tool in litigation. Accordingly, it is important to conduct regular audits of these policies to ensure they...more

The Risks of Pre-employment Social Media Screening

An increasing number of states have recently passed laws that prohibit employers from obtaining passwords to a job applicant’s social media accounts. Such legislation highlights companies’ interest in finding out as much as...more

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of...more

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