The stories are legendary: the employee who calls in sick and then posts a picture of himself dressed as a fairy at a Halloween party hundreds of miles away; the video of the salesman in a drunken stupor at a conference he is attending on the company’s dime; and just this past week, the New York City lawyer railing against an employee and a customer speaking Spanish to one another in a restaurant. An individual’s social media can be a treasure trove of information about a person and could give insight into a person’s character and habits that might not become apparent until months or years of employment have gone by, perhaps never.Continue Reading To Google or Not to Google: The Potential Pitfalls of Using Social Media in Hiring
social media
Facebook “Likes” Now a Protected Activity?
At a recent employment law update forum for human resources professionals hosted by McLane Middleton, Professional Association, one of the most talked about topics was social media. More specifically, what actions can be taken, if any, against employees who post about or discuss their employment negatively on social media,…
The Dangerous Intersection of Social Media and the ADA
People often think of the Americans with Disabilities Act as a law that protects individuals with physical and mental disabilities from discrimination or other unfair treatment. What is seldom mentioned is that the ADA also protects the confidentiality of employee medical information, and requires…
“Egregious” Conduct on Social Media Not Protected by the NLRA
Employees’ rights to act together to address conditions at work are protected under the National Labor Relations Act. This protection applies equally to both union and non-union employees and extends to employees’ work-related conversations on social media. But, as many employers may wonder, how far does the protection of the Act reach? The NLRB’s decision in Richmond District Neighborhood Center and Ian Callaghan (Case 20-CA-091748, October 28, 2014) provides some guidance on it.Continue Reading “Egregious” Conduct on Social Media Not Protected by the NLRA