Personal Gripes v. Protected Concerted Activity: Where To Draw The Line Regarding An Employee’s Job-Related Complaint On Social Media?

By now, many people have heard about the Yelp/Eat24 employee who published a rant last month on social media platform Medium addressed to Company CEO Jeremy Stoppelman relating to how her entry-level compensation prevented her from affording food and otherwise living comfortably in the Bay Area. Shortly after the post was published, the employee tweeted

Is Inconsistent Application Of Social Media Policy Evidence Of Discrimination?

A District Court in Louisiana concluded recently that a television station’s inconsistent application of its social media policy entitled a terminated employee to defeat summary judgment regarding his discrimination claim. The television station in question, KTBS, had implemented a social media policy that included a prohibition on employees responding to viewer complaints. The station also

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

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.

Federal Court in New York Rules that Employee Terminated in Part Due to Threatening Facebook Post Can Take Retaliation Claims to Trial

A New York federal court recently held that a plaintiff that was terminated in part due to a threatening Facebook post could take his retaliation claims to trial. The plaintiff, Richard Verga, worked as a paramedic for Emergency Ambulance Services, Inc. After Verga experienced what he claimed were unwanted sexual advances from another paramedic, he immediately