News & Analysis as of

Termination Social Media

“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

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

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

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

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

2016 Labour and Employment Law – A Year in Review (in 140 characters or less)

by Dentons on

As we close out the first month of 2017, we thought it appropriate to briefly review the cases which caught our eye in 2016 in 140 characters or less...more

AGG Litigation Insights Newsletter - Fall 2016

by Arnall Golden Gregory LLP on

Social media is everywhere, and while it gives businesses an unprecedented opportunity to reach a record number of consumers at a minimal cost, it can prove to be a double edged sword when disgruntled employees or customers,...more

#Fired: Post a Tweet, Lose Your Job

by FordHarrison on

Many people enjoy spouting off what they view as 140-character tidbits of wisdom on the social media platform Twitter. But recently several individuals have found themselves in trouble with their employers (read: former...more

The Potentially Dangerous Intersection of Healthcare and Social Media

by Williams Venker & Sanders on

Lately, there have been numerous reports in the media raising patient privacy concerns due to healthcare providers’ use of social media in the workplace. A few examples include...more

European Court of Human Rights Rules Employers Can Read Employees’ Emails

Last month, the European Court of Human Rights (“ECHR”), in the case of Barbulescu v. Romania, issued a ruling about the rights of employers to monitor their employees’ online communications, including those via personal...more

Retail and Consumer Products Law Roundup - December 2015

In this month's highlights, a federal court rules that insurance coverage was triggered for the defense of garment hang tag "advertisements" in a trademark/copyright and unfair competition lawsuit…the California Supreme Court...more

The Second Circuit Tackles Employee Rights, Obscenities & Social Media Use

Employers took note last year when the National Labor Relations Board (NLRB) ruled that “liking” a Facebook post can qualify as protected activity under the National Labor Relations Act (NLRA). The NLRB held that the owner of...more

Employment Law - November 2015

Following California, New York Toughens Equal Pay Law - Why it matters: Following in the recent footsteps of California, New York Governor Andrew Cuomo signed into law the Achieve Pay Equality Act, providing greater...more

Discipline Based on Social Media Activity – An Update

by Zelle LLP on

Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

Facebook “Like” Protected Speech Under the NLRA

by Hinshaw & Culbertson LLP on

We all have them. Friends and family who overshare on Facebook. Their food choices (complete with pictures), exercise routine, and relationship drama, all solidified in the form of a status update. Annoying maybe, but mostly...more

Key Employment Updates - October 2015

by Reed Smith on

With summer now officially over, we set out below some important updates to be aware of as the ‘back to work’ period begins. Employers may be able to dismiss, lawfully, for derogatory comments made on social media - The...more

The Court Weighs In: Termination for Social Media Misconduct

by Bennett Jones LLP on

Over a decade had passed since Ellen Simonetti, dubbed the “Queen of the Sky” was fired by Delta Air Lines after her infamous “Diary of a Dysfunctional Flight Attendant” blog. Simonetti wasn’t fired simply for blogging about...more

Will the Second Circuit “Like” the NLRB’s Recent Stance on Social Media? An Update on the Facebook “Like” Firing Case

The NLRB last week filed its brief at the Second Circuit Court of Appeals in the well-publicized Facebook “Like” firing case, Three D, LLC v. NLRB. Prior to the appeal, we discussed the NLRB’s August 2014 ruling here as part...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

Facebooker–Good Citizen or Fired?

by Sherman & Howard L.L.C. on

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

Can Offensive Personal Tweets Justify Dismissal?

by Dechert LLP on

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

NLRB Says On-Line Planning For Insubordination Is Not Protected Concerted Activity

In Richmond District Neighborhood Center, Case 20-CA-091748 (Oct. 28, 2014), the Board upheld an Administrative Law Judge’s ruling that a conversation between two employees, who were involved with student programming at the...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

Social Media Defies Traditional Evidence Collection and Review Techniques

by Conduent on

Traditional e-discovery collection tools are not designed to work with social media, and manual techniques are too time consuming to be workable, as a plaintiff learned in a recent wrongful termination case, Stallings v. City...more

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