Top Five Social Media Tips for Employers

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

Is Posting Obscenities Aimed At Supervisor On Facebook A Terminable Offense?

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

Court Denies Summary Judgment to Employer on Professor’s Allegations He Was Denied Tenure After Reporting Inappropriate Facebook Posts by Fellow Professors

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

Employer Takes Action After Employees’ Derogatory And Offensive Tweets Damage Its Reputation

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

City’s Termination of Police Officer Over Facebook Posts Did Not Violate First Amendment

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

Washington Court Rules that Employee Terminated Over Facebook Post Condoning Violence is Entitled to Unemployment Benefits

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

Employee Terminated After His Inflammatory Facebook Comments Are Broadcast On Twitter

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.

Ohio Court Holds Employer’s Decision to Request Medical Evaluations Based on Employee’s Disturbing Social Media Posts Was Appropriate

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.