Social Media, NLRB, Hiring & Firing

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

FordHarrison on 6/7/2023

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

Third Circuit Affirms Dismissal Of Employee Who Advocated Violence In A Social Media Post

Jackson Lewis P.C. on 4/15/2021

In a recent employee termination case, the Third Circuit Court of Appeals recently upheld the dismissal of race discrimination claims by a bank employee who was terminated due to a social media post. Plaintiff, a...more

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

Seyfarth Shaw LLP on 9/28/2020

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

Facebooking Misappropriated Employer Form Is Not Protected Activity

Sherman & Howard L.L.C. on 7/18/2018

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

Employee Social Media and Employee Discipline – Caution

Ruder Ware on 2/21/2018

A number of companies have adopted social media policies that address the types of things employees can post on social media even if it is the employee’s private social media page. While companies have the right to protect...more

Employment Law - December 2017 #2

Manatt, Phelps & Phillips, LLP on 12/23/2017

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

Termination For Social Media Activity May Result In Unemployment Compensation Benefits

Troutman Pepper on 12/4/2017

Q. Our Company just terminated an employee for a social media post that was in violation of our social media policy. Will she be entitled to unemployment compensation benefits? ...more

I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination

Cozen O'Connor on 12/4/2017

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

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

Womble Bond Dickinson on 11/3/2017

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

Employment Law - October 2017

Manatt, Phelps & Phillips, LLP on 10/23/2017

Employer Bound by Oral Contract, California Appellate Court Affirms - Why it matters - Upholding an oral contract, the California Court of Appeal agreed with an employee that she should be paid a commission for certain...more

No Union Protection for Employees “Sick” Over No Paid Absences

Bradley Arant Boult Cummings LLP on 8/1/2017

Can employees protest a company sick leave policy with an internet meme that suggests the company’s food is not safe? Not according to a recent Eighth Circuit decision. MikLin (doing business as Jimmy John’s in Minnesota)...more

“Tantrums” Aside, the Law Leans Toward the Employee in Issues of Social Media and Free Speech

Pillsbury - Internet & Social Media Law Blog on 6/9/2017

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

Employer Cannot Fire Employees For Obscenity-Laced Facebook Posts During Union Organizing Campaign

Tonkon Torp LLP on 5/16/2017

Section 7 of the National Labor Relations Act protects employees who engage in concerted activities for purposes of collective bargaining or for mutual aid and protection. How far that protection extends was tested in NLRB v....more

Oh F**k: Employee’s Profane Facebook Post is Protected Activity

Orrick - Employment Law and Litigation on 5/5/2017

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

Second Circuit Holds NLRB Did Not Err in its Finding that Facebook Posting that Supervisor is a “Nasty Mother Fer” and “F...

Seyfarth Shaw LLP on 5/1/2017

Seyfarth Synopsis: The Second Circuit agrees with the Board that the use of profanity in a Facebook post was not “opprobrious enough” to lose the NLRA’s protections and justify the employer’s termination of the employee....more

Social Media › National Labor Relations Board › Hiring & Firing

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

Third Circuit Affirms Dismissal Of Employee Who Advocated Violence In A Social Media Post

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

Facebooking Misappropriated Employer Form Is Not Protected Activity

Employee Social Media and Employee Discipline – Caution

Employment Law - December 2017 #2

Termination For Social Media Activity May Result In Unemployment Compensation Benefits

I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

Employment Law - October 2017

No Union Protection for Employees “Sick” Over No Paid Absences

“Tantrums” Aside, the Law Leans Toward the Employee in Issues of Social Media and Free Speech

Employer Cannot Fire Employees For Obscenity-Laced Facebook Posts During Union Organizing Campaign

Oh F**k: Employee’s Profane Facebook Post is Protected Activity

Second Circuit Holds NLRB Did Not Err in its Finding that Facebook Posting that Supervisor is a “Nasty Mother Fer” and “F...

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

Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA

Profane Facebook Message Protected Under The NLRA

F-Word Facebook Firing Flipped By Federal Court

Employment Law - April 2017

Why after-hours social media posts can still spell on-the-job trouble

#Fired: Post a Tweet, Lose Your Job

The Second Circuit “Likes” the NLRB’s Reasoning

[Event] Sheppard Mullin's Labor & Employment Year In Review - Nov. 19th, New York, NY

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

Social Media › National Labor Relations Board › Hiring & Firing

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