With new social media apps and platforms arriving seemingly daily, and employees spending increasing amounts of time on social media, employers are well advised to consider the potential ramifications for the workplace. Here are 5 key tips for employers to consider in this constantly changing environment: Implement an effective and enforceable employee social media policy
A recent labor arbitration decision illustrates that an employer can terminate an employee who uses social media to insult and threaten co-workers in violation of a workplace harassment policy. This case arose when the employee, who was a firefighter, was notified by his wife that she was in a car stopped by a police officer
Maybe not, according to a recently published NLRB decision. In Pier Sixty LLC, a majority of a three-member NLRB panel affirmed an ALJ’s decision that the employer violated Section 8(a)(1) and (3) of the National Labor Relations Act by firing an employee for an obscenity-laced vitriolic Facebook post towards a supervisor on the grounds that
Last month, a Texas employer fired a new hire over Twitter before the new hire showed up for her first day of work, causing a frenzy of social media activity and some negative publicity for the employer. The day before starting her new job at a local pizzeria, a teenage woman tweeted: “Ew I start
A federal court in Oklahoma recently denied summary judgment to Northeastern State University, finding that a professor’s discrimination and retaliation claims, among others, could proceed to trial. The professor, Dr. Leslie Hannah, was appointed chair of his department in 2009. The previous assistant chair, Dr. Brian Cowlishaw, was ineligible for the chair position pursuant to the
At the same that that the Toronto Fire Services Division was looking to recruit more women and minorities, two of its firefighters were tweeting messages described as “sexist, misogynist, and racist.” In 2013, just after the Division released its “Path to Diversity” report, outlining its plan to increase workforce diversity, Canada’s National Post ran a
The Fifth Circuit recently held that the City of Greenville, Mississippi, did not violate the First Amendment when it terminated a police sergeant based on her Facebook comments criticizing her police chief. The sergeant, Susan Graziosi, posted the following statement using her home computer, while off duty, after her chief declined to allow police officers
In Kirby v. Department of Employment Security, a Washington appeals court held that a security guard terminated over violent Facebook posts was entitled to unemployment compensation benefits because the employer had not established that the termination was for “misconduct connected with [her] work.” The security guard, Sarah Black, was employed by Puget Sound Security Patrol
An employee recently was terminated for his inflammatory Facebook comments in which he condoned violence against police officers. The employee, Aaron Hodges, identified himself as a sales associate at a Nordstrom store in Portland, Oregon, on his Facebook page, and used what appears to be a photo of himself at work as his profile picture.
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.