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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 -
McGlinchey Stafford

Don’t Talk Politics at a Cocktail Party but Can Employees Talk Politics at Work?

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Come November, the United States citizens will vote for the next president. While all presidential elections cause differences of opinion (and sometimes hurt feelings), when can an employee talk politics at work? When can...more

Constangy, Brooks, Smith & Prophete, LLP

What lies beneath the “substantial increased costs” needed to reject a request for a religious accommodation?

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Complete answers may be several years in the making. A year ago this month, in Groff v. DeJoy, the Supreme Court of the United States held that an employer who rejects a request for a religious accommodation “must show that...more

McNees Wallace & Nurick LLC

Policing Social Media Posts – PA Appellate Court Prohibits Reinstatement of Kutztown University Police Officer

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May 28, 2024Publications On May 1, 2024, the Pennsylvania Commonwealth Court vacated an arbitration award involving the Pennsylvania State System of Higher Education Officers Association (“Association”) and a former...more

McNees Wallace & Nurick LLC

Policing Social Media Posts – PA Appellate Court Prohibits Reinstatement of Kutztown University Police Officer

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On May 1, 2024, the Pennsylvania Commonwealth Court vacated an arbitration award involving the Pennsylvania State System of Higher Education Officers Association (“Association”) and a former University police officer who was...more

Tucker Arensberg, P.C.

Teacher Discharged for Social Media Posts

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In the Matter of Arbitration Between Milton Area Education Association and Milton Area School District (Talarico 2022) (Arbitrator sustains discharge of teacher for inappropriate social media posts)....more

Tucker Arensberg, P.C.

Court Rules That Inflammatory Social Media Posts by a Public Employee Are Not Protected by the First Amendment

Tucker Arensberg, P.C. on

Vallecorsa v. Allegheny Cty., No. 2:19-CV-1495-NR, 2022 U.S. Dist. LEXIS 206720, at *2 (W.D. Pa. Nov. 15, 2022). United States District Court for the Western District of Pennsylvania holds that Allegheny County (“County”) did...more

Constangy, Brooks, Smith & Prophete, LLP

Employees who self-destruct

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Mental illness can cause problems at work, and keep employees from getting help. If my experience is typical (and it may not be), it seems that a significant percentage of employers’ legal and Human Resources problems come...more

Guidepost Solutions LLC

Shielding Your Workforce: Strategies for Safeguarding Employees during Mass Layoffs and High-Profile Terminations

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The recent wave of mass layoffs has created an uptick in protests and demonstrations by those affected. In some cases, pay and benefit cuts in lieu of layoffs have also resulted in significant repercussions, as evident by the...more

Troutman Pepper

Employer Justified in Terminating Employee Over Inappropriate Social Media Posts

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Q: Can a private employer terminate an employee for social media posts that violate internal policies? ...more

Constangy, Brooks, Smith & Prophete, LLP

Would you have fired these hotheads?

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Inquiring minds want to know! It's been a slow week for real news, and we have a long weekend coming up. But I found two stories relating to employees (one was a law partner, so technically not an employee) who blew their...more

Fisher Phillips

How Do I Keep Departing Employees from Disparaging My School? A Proactive Approach

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Employees often leave schools unhappy — either because they were not satisfied with the work or were terminated involuntarily. More and more often, these departing employees take their grievances to social media and make...more

Bradley Arant Boult Cummings LLP

Employer Response Tips From Firing Suit Over Birdwatcher

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No employer wants to make decisions based on an employee's social media activity. Everyone tells employees to keep their private life private and don't let it affect the job — right? Originally published by Law360 -...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

Dunlap Bennett & Ludwig PLLC

Survival Guide for a Company After It Has Been Blindsided by a Founder

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Your company’s founder has been at the helm for years, and everything seems to be going well – they’ve worked hard, developed a great team, and the future looks bright. Then it happens....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

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 3

Cozen O'Connor on

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. Those bygone times, however, have been replaced by a...more

FordHarrison

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

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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

Haynsworth Sinkler Boyd, P.A.

When Social Media, Politics And The Workplace Collide

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Nowadays we are constantly bombarded with news of events that arouse our political views. Social media both perpetuates these events and provides a platform for virtually anyone to express their social and political views....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

Payne & Fears

Don’t Let Technology Run Away With Your Customer Information

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For many companies, customer information ranks among its most important assets. Yet these days, employees often keep this sensitive customer information in electronic locations that are not readily accessible to or controlled...more

FordHarrison

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

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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

Manatt, Phelps & Phillips, LLP

Employment Law - December 2017 #2

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NLRB’s Noteworthy Developments - Recent decisions from the National Labor Relations Board (NLRB) find the board overturning two of its previously established standards. The NLRB overturned its standard for assessing the...more

Cozen O'Connor

I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination

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Good faith and timing means everything in employment law. This episode of Employment Law Now provides an update from DC, discusses questions employers should be asking in today’s climate of troubling sexual harassment news,...more

Womble Bond Dickinson

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

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John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....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

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