Social Media, Hiring & Firing, Social Networks

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

Cozen O'Connor on 9/13/2019

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

Top Tips for Reviewing Your Social Media Profile

Akin Gump Strauss Hauer & Feld LLP on 3/11/2019

Fifty-six percent of law school admissions officers say they look at an applicant’s social media profile to learn more about them, according to a survey by Kaplan Test Prep of 117 law schools. Ninety-one percent of law...more

LinkedIn – in whose professional interest?

Seyfarth Shaw LLP on 9/22/2017

LinkedIn is the biggest online network of professionals in the world. Many employers encourage staff to use LinkedIn to promote their organisation. While employees may share content relating to their organisation, they...more

You Should Know - January 2017

Patrick Malone & Associates P.C. | DC Injury... on 1/19/2017

People now spend more time online than watching television. And the top destinations are social media sites like Facebook. This month we look at the consequences of sharing too much personal information on social media and...more

Start-up, Joberate, Assigns Score to Employees to Determine their Job Search History

Robinson+Cole Data Privacy + Security Insider on 9/19/2016

Most individuals seeking out new job opportunities use their personal e-mail address to correspond with a prospective employer, presumably keeping that job hunt secret from their current employer. However, now, Joberate, a...more

#Fired: Post a Tweet, Lose Your Job

FordHarrison on 8/23/2016

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

Court “Likes” NLRB’s determination that Facebook posts are protected under the NLRA

Robinson+Cole Data Privacy + Security Insider on 11/2/2015

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more

Second Circuit Upholds NLRB Decision: Discharge of Employees for Facebook “Likes” Was Unlawful

Franczek P.C. on 10/29/2015

On October 22, 2015, the Second Circuit Court of Appeals affirmed the National Labor Relations Board’s (NLRB) decision that Triple Play Sports Bar and Grille (Employer) violated Section 8(a)(1) of the National Labor Relations...more

Second Circuit Says Facebook Profanity Directed at Employer is Protected - Employer Violated NLRA by Terminating Two Employees...

Holland & Knight LLP on 10/29/2015

In Three D, LLC d/b/a/ Triple Play Sports Bar and Grille v. NLRB, the U.S. Court of Appeals for the Second Circuit upheld the National Labor Relations Board's (the Board) determination that the employer, Triple Play,...more

Second Circuit Upholds That Facebook "Likes" Can Be Protected, Concerted Activity

Faegre Drinker Biddle & Reath LLP on 10/28/2015

On October 21, 2015, the Second Circuit upheld the National Labor Relations Board’s (NLRB) earlier ruling that clicking the Facebook “Like” button can be protected concerted activity. The Triple Play Sports Bar & Grill fired...more

Blocked: Managing Social Media at Work Under Virginia’s New Privacy Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/2/2015

With social media pervading all facets of society (no less than 67 percent of Americans are regular users), businesses have long been concerned with their employees’ potentially detrimental social media activities. As these...more

The Court Weighs In: Termination for Social Media Misconduct

Bennett Jones LLP on 9/2/2015

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

Delaware Adds to Growing Patchwork of Social Media Laws

Proskauer - Law and the Workplace on 8/11/2015

On August 7, Delaware Governor Jack Markell signed a law to prohibit employers from interfering with the personal social media accounts of their prospective and current employees. The new law, which also took effect on...more

Intellectual Property Bulletin - Spring 2015

Fenwick & West LLP on 6/23/2015

California’s Eraser Law: What IP Attorneys and Owners Need to Know - Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got...more

Ah, Social Media: Blurring the Lines Between Work Life and Personal Life

Baker Donelson on 5/20/2015

Andy Warhol is quoted as saying, "In the future, everyone will be world-famous for 15 minutes." How prophetic you were Andy. These days a single post on social media can travel around the world faster than you can say Snap...more

Trolling Social Media To Find Your Disgruntled Employees

Cozen O'Connor on 4/21/2015

I’ve often said that the definition of “plaintiff” in a lawsuit can be simply stated as a “pissed off employee.” The old cliché that “a happy employee equals a productive employee” still rings true, but that is only part of...more

Labor and Employment: The Use of Social Media During the Hiring Process - Do the Benefits Outweigh the Risks? (4/15)

Bond Schoeneck & King PLLC on 4/14/2015

As the social media phenomenon continues to dominate our culture and its use has become second-nature, it is worthwhile to revisit some of the issues presented by an employer’s use of social media, particularly in the context...more

Sacking UK Employee for Inappropriate Tweets May be a “Fair” Dismissal Under UK Law

Orrick - Employment Law and Litigation on 1/30/2015

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

Cybersecurity in the Workplace: Obama's Proposals and More

Baker Donelson on 1/28/2015

In the past five years, employers both big and small have become accustomed to social media and increased technology in the workplace. Everyone and their parents are on Facebook, and one cannot go anywhere without being asked...more

Facebooker–Good Citizen or Fired?

Sherman & Howard L.L.C. on 1/27/2015

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?

Dechert LLP on 12/19/2014

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

#Insubordination: NLRB Affirms Refusal To Re-Hire Employees Based Upon Facebook Exchange

BakerHostetler on 11/11/2014

In prior articles, we have discussed various decisions by the National Labor Relations Board (“NLRB” or the “Board”) protecting employee social media activity as concerted activity under Section 7 the National Labor Relations...more

Are You Ready for the New Holacracy? Update on Social Media and the Hiring Process

Butler Snow LLP on 9/10/2014

The innovative folks at Zappos have eschewed the traditional job application/interview/job offer process for a social-media-driven process on a Zappos platform. While very up-to-date, does this push the envelope to the point...more

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