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Social Media Employment Litigation

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 -
Mintz - Employment Viewpoints

Caveat Employer: An Employee’s Off-Duty Social Media Posts Can Constitute Workplace Harassment

As the workplace continues to take a new shape, the distinction between “workplace conduct” and “off duty” conduct continues to fade for many.  After a recent Ninth Circuit ruling, employers must be more vigilant than ever in...more

Seward & Kissel LLP

Employment Litigation Roundup: August 2024

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In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...more

Kelley Drye & Warren LLP

Posting About Another Employee on Social Media Could Be Unlawful Harassment

Social media has truly changed our world, both in and outside of the workplace. It has evolved into a daily habit for many of us; the way we get news about the world and our friends, the way we shop, gossip, and much more. It...more

Chartwell Law

The Social Web’s Influence on Your Workplace and the Potential Havoc It Can Cause

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Employers have a duty to ensure that their workplaces are not hostile, both in the physical and virtual worlds. This responsibility extends to both actual and constructive knowledge of potential issues....more

Holland & Knight LLP

When Social Media Posts Become Workplace Harassment

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The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares...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

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

Wilson Sonsini Goodrich & Rosati

Bungie Wins Landmark Lawsuit Against Destiny 2 Player Who Harassed a Bungie Employee

On July 11, 2023, a trial court in the State of Washington issued a groundbreaking opinion which provides employers with a legal path to protect their employees from online abuse and harassment from third parties suffered...more

Benesch

Trade Secrets/Non-Compete Quarterly Update - Q2 2023

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Welcome to our Q2 Trade Secret and Restrictive Covenant Update. As you can tell from the update, Q2 was a busy quarter in this space from both a regulatory, legislative, civil litigation and criminal litigation perspective....more

Seyfarth Shaw LLP

Bitter Medicine: Third Circuit Holds Officers Disciplined for Offensive Social Media Posts Stated a First Amendment Claim

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Seyfarth Synopsis: On June 8, 2023, the United States Court of Appeals for the Third Circuit held in Fenico v. City of Philadelphia that police officers disciplined for offensive Facebook posts stated a First Amendment claim...more

International Lawyers Network

Client Centricity in Practice - Part Two

Last week, we brought you part one of our session from Rio, “Client Centricity in Practice,” moderated by Melissa Kanô and Alexandre Pessoa of KLA Advogados, who were joined by Waldemar Thiago Junior, Vice President, Managing...more

Saiber LLC

When Social Media Posts Are Discoverable in New Jersey

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On March 16, 2023, the Appellate Division in New Jersey issued a decision in Davis v. Disability Rights New Jersey, which set forth guidelines for when a litigant’s private social media posts may be subject to discovery by...more

Bradley Arant Boult Cummings LLP

Employer Response Tips From Firing Suit Over Birdwatcher

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

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

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

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

Littler

Ontario, Canada Court Denies Employer’s Request to Remove Allegedly Defamatory Social Media Posts Pending Defamation Trial

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A recent Ontario Superior Court of Justice decision indicates that it is challenging for employers to obtain an interim injunction requiring an employee to remove allegedly defamatory social media posts pending resolution of...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

Flipping The Script: Employer Sues Former Worker For COVID-19 Defamation

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In what can only be described as a complete flipping of the script in employment-related litigation, the owner and manager of a suburban Pittsburgh restaurant adversely impacted by the COVID-19 pandemic have sued a former...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

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

Troutman Pepper

Comments on Social Media about an Employee’s National Origin Could Lead to Allegations of Discrimination

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Q: Over the summer, I saw that President Trump tweeted that four minority Democrat congresswomen should “go back” to where they came from. What Human Resources lessons can be learned from the President’s tweet?...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Social Media Discrimination, Impaired Vision and Occupational Health Reports

Was an Employer Liable for an Employee’s Discriminatory Acts on Social Media? In Forbes v LHR Airport Ltd UKEAT/0174/18/DA, the Employment Appeal Tribunal (EAT) considered whether an employee’s discriminatory acts on...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 2

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Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more

Butler Snow LLP

Nashville Trump Supporter Fired Over Facebook Post Wins Trial

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Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be...more

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