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.”
It all started with a retweet. A recent story regarding the “deactivation” and subsequent reinstatement of an Uber driver in Albuquerque is a useful reminder for employers that, given the widespread use by employees of social media, employment decisions should not only be well thought out, but also should take into account potential negative publicity.
The Arkansas Supreme Court recently ordered the dismissal of a judge that posted confidential information in online posts, including information regarding actress Charlize Theron’s adoption case. Using the online name “geauxjudge,” Faulkner County Circuit Judge Michael Maggio posted numerous comments on an online forum that were offensive and that oftentimes disclosed confidential details of cases
Triple Play Sports Bar and Grille has appealed to the Second Circuit Court of Appeals to review the NLRB’s recent decision that employees’ use of the Facebook “like” button constituted concerted protected activity under Section 7 of the National Labor Relations Act. As outlined in our earlier post covering that NLRB decision, the NLRB’s ruling
The NLRB recently ruled that employees’ use of Facebook’s “like” button can constitute protected concerted activity under Section 7 of the National Labor Relations Act, and that the employer’s termination of the employees was an unfair labor practice under the Act. The employees worked at Triple Play Sports Bar and Grille, and were non-unionized. It all
An Arkansas federal court recently ruled that Tyson Foods, Inc. was within its rights to terminate an employee for directing intimidating Facebook posts to co-workers in violation of the Company’s directive not to contact her co-workers during an investigation. The Facebook posts appear to have been made outside of work hours and away from the Company’s
The news of another social media termination went viral last week, and, as expected, the blogosphere weighed in with varied opinions about the employer’s decision. Even though the termination appears harsh at first blush, upon closer examination it is not that surprising. Here is what happened. A waitress at a Texas Roadhouse restaurant in Ohio
With so many employees now posting on social media—both at work and after work—employers must consider what to do if an employee complains online about workplace harassment. Recently, the U.S. Supreme Court provided some guidance by declining to review a Tenth Circuit decision that touched on this issue. In Debord v. Mercy Health System of
Last year, after a military subcontractor shot and killed 12 people at the Washington D.C. Navy Yard, the University of Kansas placed on administrative leave a journalism professor who tweeted the following from his personal account: “The blood is on the hands of the #NRA. Next time, let it be YOUR sons and daughters. Shame