At a panel discussion held on November 12, 2014, NLRB General Counsel Richard Griffin, NLRB Member Harry Johnson, III, and EEOC Commissioner Chai Feldblum discussed several topics important to employers, including the use of social media to screen job applicants. All of the panelists agreed that employers must be careful when reviewing social media profiles
The Court of Appeals of Ohio recently upheld a trial court’s determination that the Ohio Department of Rehabilitation and Correction (“Department”) properly ordered an independent medical examination of, and ultimately terminated, an employee who posted threatening messages on Facebook and Yahoo! Messenger. In 2009, Diedree Ames, a parole officer, started exhibiting erratic behavior in the workplace.
The NLRB, in a rare decision related to social media use that employers will like, recently upheld an employer’s withdrawal of the rehire offers of two employees based solely on a Facebook exchange, finding that the exchange was not protected under the National Labor Relations Act because it exhibited the employees’ “planned insubordination in specific detail.”
A story out of Florida highlights how an employee’s social media posts can spell trouble for an employer. A cook at a Chili’s restaurant in Valrico, Florida, posted shirtless pictures of himself in the Chili’s kitchen, and provided enough information to identify the restaurant location. The local ABC affiliate sent the photos to the state