Category: Social Media

“Hope I don’t get AIDS. Just kidding. I’m white!”:  How to get yourself fired for a Facebook post

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing racist or derogatory remarks. Often, the employer—or sometimes, the rest of the online community—will demand that the employee be fired. In such a scenario many employers may...

Second Circuit Holds Pro-Union Sentiment Outweighs Impropriety of Profanity-Laden Rant Against Supervisor, His Mother, and “His Entire ****ing Family”

Second Circuit Holds Pro-Union Sentiment Outweighs Impropriety of Profanity-Laden Rant Against Supervisor, His Mother, and “His Entire ****ing Family”

Use of profanity by employees, whether in the workplace, outside the workplace, or on social media, presents difficult legal issues for the employer, as highlighted by a recent Second Circuit Court of Appeals decision overturning the firing of an employee who engaged in a highly profane Facebook rant against a supervisor. Although an employer has a justifiable interest in keeping...

Quirky Question #279: Concerted Activity in 140 Characters or Less

Question: I am a manager in a medium-sized retailer that has locations and employees in 16 states.  The company maintains a social media policy, which was recently updated.  Last week, I noticed that one of our employees posted some pretty nasty things about the company on Twitter.  She accused the company of not treating employees fairly because some had to...

Quirky Question #269: Like it or Not – Facebook Post Protected Under the NLRA

Question: I own a small manufacturing company that employs 25-35 employees, depending on our workload.  Over the years, a number of my customers and my employees have “friended” me on Facebook.  Last week, I saw that one of our employees had posted a comment that I don’t pay enough overtime and that I’m, “f—ing cheap,” because I don’t give enough...

Quirky Question #206, NLRB

Quirky Question #206, NLRB

 Question: I discovered one of my employees announced on Facebook that our company is a horrible place to work and she is just “coasting” and waiting to be fired.  Normally, I would just fire her, but our CFO is worried that internet communications between employees in social media can be “protected.”    What is the recent law?

Another Social Media Report by the NLRB Offers Needed Guidance for Employer Policies

Another Social Media Report by the NLRB Offers Needed Guidance for Employer Policies

Another Social Media Report by the NLRB The National Labor Relations Board released its second Social Media Report in January of this year providing the General Counsel’s analysis of 14 challenged employer social media policies.  The Board last week released another Report reviewing seven additional employer policies. The Board alleged that six of these policies interfered with employees’ rights under...

Think You Own Your LinkedIn, Twitter and Facebook Account?  Think Again!

Think You Own Your LinkedIn, Twitter and Facebook Account? Think Again!

You may not, as reflected in the recently reported decision of Eagle v. Morgan, 2011 WL 6739448 (E.D. Pa. December 22, 2011) where both the employee and her former employer claim ownership in the employee’s LinkedIn account, the popular social networking site for business professionals.  The dispute is starkly drawn in the litigation’s opposing pleadings and provides a strong warning...

Happy Holidays From The NLRB:  Your Carefully Crafted Social Media Policy May Amount To A Per Se Violation Of The National Labor Relations Act

Happy Holidays From The NLRB: Your Carefully Crafted Social Media Policy May Amount To A Per Se Violation Of The National Labor Relations Act

Set forth below is the article from one of our partners regarding the recent NLRB Complaint, stemming from a posting on Facebook. Happy Holidays from the NLRB Depending on the study cited, as many as: • 79% of people in the U.S. age 18 and older were on-line in some fashion as of May 2010 • Of those on-line adults,...

How Companies Are Addressing Social Media Risk

How Companies Are Addressing Social Media Risk

Social media, including Facebook, Twitter, YouTube, etc., is an evolving and growing means of communication. According to some reports, people have been spending more time using social media sites than e-mail since February 2009. See “A World of Connections,” The Economist, Jan. 28, 2010. For companies, social media presents both opportunities and risks. These risks include reputational, br