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Hiring & Firing › Social Media › Employer Liability Issues

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Fisher Phillips

Look Out for LinkedIn: Top Questions for Employers on How the Platform Impacts Your Workplace

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LinkedIn has become a key part of the business world for workers and employers alike. The platform can aid your recruitment efforts, company branding, and business development. But the world’s largest professional networking...more

McNees Wallace & Nurick LLC

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

McNees Wallace & Nurick LLC on

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

Fox Rothschild LLP

Can an Employer Review Social Media Posts While Assessing Candidates?

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Can an employer review social media posts for the purpose of assessing job candidates? Sometimes, according to a guide on data protection in employment released by the national Data Protection Authority for Latvia, Datu...more

Akerman LLP - HR Defense

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

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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

Miles & Stockbridge P.C.

New York Legislation Banning Employer Social Media Inquiries Takes Effect

Miles & Stockbridge P.C. on

A New York law recently went into effect significantly limiting employers’ ability to make inquiries regarding employees’ personal social media accounts....more

Epstein Becker & Green

ICYMI: 10+ Years Later, NY Limits Employers’ Access to Employees’ Social Media and Other “Personal Accounts”

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With the potential “tendency of many to ‘overshare,’ documenting everything from their breakfast to their favorite Marvel™ villain” on social media, as recognized in at least one court opinion, perhaps unsurprisingly, some...more

Ius Laboris

Social media and protected beliefs at work

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The Belfast Industrial Tribunal in Northern Ireland has recently rejected two claims of unfair dismissal following sectarian (anti-Catholic) chants posted on social media. We look at the implications of clashing views on...more

FordHarrison

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

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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

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

McAfee & Taft

Despite violating numerous workplace behavior policies, flight attendant wins initial day in court

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A recent jury verdict against Southwest Airlines and Transport Workers Union of America, Local 556 is an interesting study in the tension between an employer’s right to police an employee’s statements on social media and the...more

Goldberg Segalla

Top 10 Tips for Reducing the Business Risks of Social Media Use

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1. If you use third-party organizations to search social media accounts of applicants, be sure to comply with the Fair Credit Reporting Act as well as state and local equivalent laws. ...more

Jackson Walker

Labor & Employment Symposium - Topics: Religious Accommodations—Vaccinations; DOL Mental Health Parity Audits

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Jackson Walker Attorneys Scott McElhaney and John Koepke, along with Rory Akers from Lockton Dunning Benefits, discuss current labor and employment law topics that may impact you and your company. Topics: Religious...more

Cozen O'Connor

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

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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

Gray Reed

Falling Off the Fence: Can You Fire Those with Different Viewpoints?

Gray Reed on

Ernest “Big Daddy” Bux’s daughter Kathy “Kitten” was working for Approval Literary Agency in Blessing, Texas – that is until last month. Kitten, an associate literary agent with Approval Literary was sacked after her boss...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

Seyfarth Shaw LLP

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

Seyfarth Shaw LLP on

Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more

McAfee & Taft

Facebook posts and firing of Oklahoma worker leads to wrongful discharge claim

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Under Oklahoma law, employees who are terminated from their jobs in violation of Oklahoma public policy may, in some cases, file a wrongful discharge lawsuit against their former employer. Increasingly these lawsuits involve...more

Fisher Phillips

Off-Duty Facebook Post Grounds For Termination Of Public Employee, Pennsylvania Supreme Court Rules

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(Public) employers rejoice! In a unanimous decision, the Pennsylvania Supreme Court just ruled that PennDOT did not violate an ex-employee’s free speech rights by firing her over a Facebook rant in which the ex-employee said...more

Constangy, Brooks, Smith & Prophete, LLP

Digital Workplace Issues

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Our increasingly connected world presents tremendous opportunities for employers as well as considerable confusion and risk. Should you Google a job applicant? Allowing employees to use their own mobile devices for work...more

Cozen O'Connor

Employment Law Now IV-65- The Great Debate Part 2: Employee Lawyer vs. Employer Lawyer

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This is Part 2 of Mike Schmidt's 2-part episode pitting employee/plaintiff-side lawyer Hope Pordy, Esq. against employer/defendant-side lawyer Jeremy Glenn, Esq. to finish debating some interesting HR topics....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas' Social Media Statute: What It Tells Us, What It Doesn't

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In August 2013, Arkansas enacted a statute intended to regulate employers’ ability to access social media account of employees. This statute, entitled “Social Media Accounts of Current and Prospective Employees,” applies to...more

Ward and Smith, P.A.

In-House Counsel Seminar Insights: Group Exercise Highlights Tricky Employment Law Issues

Ward and Smith, P.A. on

Hammertime Security is a nationwide cybersecurity firm whose in-house counsel faces a slew of tricky legal problems: - Managers posting unprofessional content on social media - Employees publicly complaining about...more

Dechert LLP

Case law update – France / Second semester of 2019

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This newsletter summarises four significant judicial decisions over recent months.   1. The purpose of a probation period is for the employee’s skills to be assessed. Therefore an employee’s absence would extend the...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

Littler

Littler Global Guide - United Kingdom - Q3 2019

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The Employment Appeal Tribunal (EAT) provided useful clarity on when an act by an employee is done “in the course of employment” making the employer liable. The claimant had seen a colleague’s social media post featuring a...more

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