Social Media, Retaliation

This Week in eDiscovery: Discovery Requests of Private Email and Social Media Accounts, Plus, Microsoft Unveils “Air Gapped” LLM

Array on 5/23/2024

Courts Rule for Private Email and Social Media Discovery - In two separate recent rulings, courts granted discovery related to private email accounts and private social media account usernames in requests made by...more

Non-Union Employers Face Triple Threat: Unfair Labor Practice Charges, Unionization, and Bargaining Orders

Davis Wright Tremaine LLP on 10/20/2023

The National Labor Relations Board has released more statistics that further confirm what labor lawyers suspected: Employers are subject to more unfair labor practice charges, Employees and labor organizations are...more

New York Restricts Employer Access to Employee Social Media Accounts

Foley Hoag LLP on 9/19/2023

On September 14, 2023, New York Governor Kathy Hochul signed a new law (A.836) that prohibits employers from requesting or requiring that employees or job applicants disclose the log-in information to their personal social...more

Employees who self-destruct

Constangy, Brooks, Smith & Prophete, LLP on 3/31/2023

Mental illness can cause problems at work, and keep employees from getting help. If my experience is typical (and it may not be), it seems that a significant percentage of employers’ legal and Human Resources problems come...more

Arizona’s New Anti-SLAPP Law Now Covers Right of Speech, Freedom of the Press, Free Association, and Peaceable Assembly

Snell & Wilmer on 9/27/2022

In the age of instant social media, there is a tendency to immediately threaten or actually initiate litigation to stop activities deemed as limiting political activity. Many states have what are called anti-SLAPP...more

Financial Daily Dose 1.23.2020 | Top Story: Tesla Becomes World’s Second Most Valuable Auto Maker

Robins Kaplan LLP on 1/23/2020

Malware goes commercial. Last year, Jeff Bezos’ phone was hacked after he received a message on WhatsApp containing a line of malware code. The incident has shed light on the malware, aka spyware, industry. Companies sell...more

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

FordHarrison on 10/30/2019

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

#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

A Quick Study in Doxing and Personal Jurisdiction: Vangheluwe v. GotNews

Bradley Arant Boult Cummings LLP on 9/5/2019

In the digital age, the internet not infrequently stretches the bounds of traditional jurisprudence and raises tricky new questions. An example from earlier this year is Vangheluwe v. GotNews, LLC, where a federal court in...more

Gonna Have To Face It: We’re Addicted to…Everything?! Digital Addictions In The Workplace

Fisher Phillips on 4/3/2019

Cell phones. Video games. YouTube. TV. iPads. Kindles. Online Gaming. Netflix. Hulu. Amazon Prime. Stream, click, stream, repeat. As the years go on, so too does the list of things to which people become addicted. Emerging...more

Maryland State Government Employee’s Job Duties Reinstated after Demotion Following Facebook Post

Seyfarth Shaw LLP on 1/4/2019

Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers....more

EEOC Data Confirms #MeToo’s Impact: Six Keys for Employers in the Wake of This Powerful Cultural Moment

Sheppard Mullin Richter & Hampton LLP on 11/1/2018

A 21st Century Social Movement - In this age of interconnectivity, compelling societal movements have a never-before-seen speed and reach. Traditional means of spreading information and generating social change have been...more

♫Let It Go, Let it Go♫

Sherman & Howard L.L.C. on 9/1/2017

When most people think of employment law problems arising from the use of social media, they envision irresponsible employees taking to the internet to rant about their employer. However, a recent case out of Oregon shows...more

Social Channels Give the Public a Glassdoor and Employers a Mirror

NAVEX on 6/16/2017

A comment placed on Glassdoor.com has resulted in an employee losing their job and a company being sued by the Equal Employment Opportunity Commission (EEOC). The current discussion in the press is focused on the idea that...more

Social Media Lesson for Employers: Recent $1.5 Million Retaliatory Discharge Verdict

Burr & Forman on 5/16/2017

On May 11, 2017, a federal jury in Charlotte, North Carolina awarded a former fire department employee, Crystal Eschert, a $1.5 million verdict in a retaliatory discharge lawsuit that teaches powerful lessons in today’s...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

Employment Law Navigator – Week in Review: April 2017 #4

Zelle LLP on 4/25/2017

Last week, the EEOC announced that The American Dental Association has agreed to pay $1.95 million to settle retaliation claims. The Association’s former legal counsel and director of human resources alleged that they were...more

Employment Law Navigator – Week in Review: July 2016 #5

Zelle LLP on 7/25/2016

Pokemon Go has taken the world by storm. Last week, several blogs discussed what employers can do to limit the effect of the game on the workplace. HR Morning advised looking at information technology and social media...more

Facebook “Like” Protected Speech Under the NLRA

Hinshaw & Culbertson LLP on 10/29/2015

We all have them. Friends and family who overshare on Facebook. Their food choices (complete with pictures), exercise routine, and relationship drama, all solidified in the form of a status update. Annoying maybe, but mostly...more

Employers Burdened By More New Laws

Davis Wright Tremaine LLP on 7/14/2015

The Oregon Legislature enacted several laws in 2015 that will significantly affect your workplace. The following laws go into effect Jan. 1, 2016: Paid Sick Leave - As expected, Oregon has enacted a mandatory paid sick leave...more

The Right to Give One-Star Reviews

Morrison & Foerster LLP - Social Media on 6/30/2015

Congress has taken a step toward protecting consumers’ rights to post negative reviews on websites like Ripoff Report or Yelp with the introduction, by Representative Darrell E. Issa of California, of the Consumer Review...more

EEOC Encouraged to Address Social Media and “But-for” Causation in Revising Guidance on Retaliation

Akerman LLP - HR Defense on 6/26/2015

At a meeting of the U.S. Equal Employment Opportunity Commission, convened to address the explosive growth of retaliation charges last week, witnesses made a variety of recommendations, including that the agency revise its...more

SuperVision Today - May 2015

Spilman Thomas & Battle, PLLC on 6/1/2015

In This Issue: - Notes from the Chair and Executive Editor - The Fourth Circuit Asks What For, Answers with But For: The Determination that a Landmark United States Supreme Court Decision Does Not Change Employment...more

There is Such a Thing as Over-Sharing: Former Employee Forfeits Portion of Settlement Payment After Daughter Discloses Settlement...

Mintz - Employment, Labor & Benefits... on 3/6/2014

It seems like every day there is a new case highlighting novel and evolving issues employers confront when people disclose information via social media. The latest example involves a hapless college-age daughter in Florida...more

Retaliation by Traffic Jam? Ethics & Compliance Lessons from Bridgegate

NAVEX on 1/13/2014

Scandal roils around top aides to New Jersey Governor Chris Christie due to lane closures on the George Washington Bridge to New York City, resulting in four days of debilitating traffic jams. It’s a political issue at its...more

Social Media › Retaliation

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