Category Archives: Social Media

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The e-Workplace: Balancing Employer and Employee Rights

Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media and the “E-Workplace” have become a fact of life for all employers. Companies have learned that these social media sites can be powerful marketing tools, but also provide an open door for risk. Employees can post or write negative comments in social media that may create liability for their company, cause … Continue Reading

Social Media Policies — ALJ Disregards Guidance From NLRB General Counsel

If you identify yourself as an associate of the Company and publish any work-related information online, you must use this disclaimer: “The postings on this site are my own and don’t necessarily represent the positions, strategies or opinions of the Company.”

This statement was found to be unlawful in an April 22, 2014 decision by an Administrative Law Judge.  The … Continue Reading

Your Digital Workplace: Pitfalls and Remedies for Employees’ Internet Use

Computers are a doubled-edged sword—a vital convenience for everyone while simultaneously a potential source of liability if used improperly by employees. Employers’ liability has expanded to the point where an employer may be liable to a third party for harm caused by an employee’s misuse of computer systems at work.  For example, an employer may be held liable to a … Continue Reading

Employee’s Dishonesty About Facebook Posts Supports Defense to Retaliation Claim

A recent opinion out of the 10th Circuit Court of Appeals demonstrates the important role social media plays in labor and employment lawsuits.  In Debord v. Mercy Health System of Kansas, Inc., a Kansas hospital was found not to have engaged in unlawful retaliation when it fired an employee who had complained of sexual harassment, in part because she … Continue Reading

Skinsmart Dermatology Avoids a Legal Blemish Over Facebook Posting

The “Facebook Firing” cases continue with the NLRB deciding more often than not that employees fired for Facebook postings engaged in “protected concerted activity” under the National Labor Relations Act (“NLRA”) and are entitled to reinstatement.

However, a break from the typical outcome occurred in May, 2013, when an NLRB Associate Counsel sent an Advice Memorandum to his Regional Director … Continue Reading

Tweet, Follow, or Get Out of the Way: What All Employers Need to Know About Social Media in the Workplace

Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media in the workplace has become a fact of life for all employers. Companies are learning that these once feared social media sites can be powerful marketing tools, but also provide an open door for risk.  Employees can post or write things in these media that create liability for their company, cause … Continue Reading

NLRB Acting General Counsel Issues Second Social Media Report

On January 25, 2012, NLRB Acting General Counsel Lafe Solomon released a second report describing social media cases reviewed by his office.

The Memorandum covers 14 cases, half of which involve questions about employer social media policies. Five of those policies were found to be unlawfully broad, one was lawful, and one was found to be lawful after it was … Continue Reading

NLRB Issues Social Media Report

The National Labor Relations Board’s Acting General Counsel, Lafe Solomon, today released a report, which summarizes the outcome of investigations into cases involving involving the use of social media and employer media policies. Acting General Counsel Lafe Solomon stated his belief that the report will be of assistance to legal practitioners and human resource professionals.

In four cases involving employee … Continue Reading

NLRB Continues Its Assault On Social Media Firings

The National Labor Relations Board issued a complaint last Friday against Knauz BMW, a Chicago area BMW dealership, alleging unlawful termination of an employee for posting photos and comments on Facebook that were critical of the dealership.

The employee, a car salesman, and coworkers were unhappy with the food and beverages at a dealership event. Salesmen complained that their sales … Continue Reading

NLRB Settles Facebook Firing Complaint

The NLRB settled its case against a Connecticut ambulance services company that discharged an employee after she posted negative comments about her supervisor on Facebook. The employer agreed that it had maintained an overly broad internet posting, blogging and communication policy. Under the terms of the settlement, the company must revise its policies to permit discussion of wages, hours and … Continue Reading

Employee’s Use Of Social Media Is Protected Activity

Employers beware: firing an employee for bad-mouthing the boss on social media may violate the National Labor Relations Act, even for a non-unionized employer.

The National Labor Relations Board just lodged a complaint against a Connecticut ambulance company alleging, among other things, that it unlawfully fired an Emergency Medical Technician for violating a policy that prevented her from depicting the … Continue Reading

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