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Hiring & Firing Social Media Termination

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 -
McNees Wallace & Nurick LLC

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

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

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

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

Guidepost Solutions LLC

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

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

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

Weber Gallagher Simpson Stapleton Fires &...

Third Circuit Affirms Termination of Employee for Facebook Post that Advocated Violence

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

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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. 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

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

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

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

Cozen O'Connor on

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

Constangy, Brooks, Smith & Prophete, LLP

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

Pillsbury - Internet & Social Media Law Blog

“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

Orrick - Employment Law and Litigation

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

Kelley Drye & Warren LLP

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

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

Saul Ewing LLP

Profane Facebook Message Protected Under The NLRA

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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

Manatt, Phelps & Phillips, LLP

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

Akerman LLP

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

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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

FordHarrison

#Fired: Post a Tweet, Lose Your Job

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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

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