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Articles Posted in Social Media and the Workplace

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What it really means to be Facebook friends with co-workers

It may not mean that much. What are the risks of becoming Facebook “friends” with a co-worker? The well-worn employer-lawyer mantra from way back when has been, “Supervisors should not ‘friend’ their subordinates on Facebook.” For a while, I sipped that Kool Aid too. Imagine two of the risks that could…

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As a social-media-nerd employment lawyer, this one has me shakin’ my head.

In Pennsylvania, the Rules of Professional Conduct require that an attorney must stay abreast of changes in changes in the law, including the benefits of advances in technology. LinkedIn was founded over 10 years ago. If you’re reading this and you are not familiar with LinkedIn … I mean, geez. For…

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“Off-the-clock” discriminatory Facebook messages can create a hostile work environment

As I type this post, I’m watching two of my kids — one dressed as Olaf; the other Elsa — yelling at each other to stop singing Frozen tunes. Now, they’re wrestling — I don’t remember that from the movie. For a snowman, that Olaf is pretty tough. Oh, damn!…

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Intern fired for racist tweet. But, wait, it gets worse…

On Tuesday, a Fox affiliate in Arizona reported here that an intern at a health and wellness company was fired for an offensive tweet. Specifically, the intern tweeting a photo showing her and a friend in a cotton field with the caption “Our inner n****r came out today.” The intern quickly deleted…

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Let’s revisit that post about cursing out your boss on Facebook

Last year, at about this time, I blogged here about a case involving some employees who thought that their employer had underpaid them. So, they discussed the matter at work. And then continued their conversation on Facebook, where they used language that wouldn’t quite make an Eagles fan in the 700 level…

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Can You Fire an Employee Based on a Friend’s Facebook Posts?

Well, it depends. Here is the genesis of this article. An employee is fired because of racist comments made by his Facebook “friends.” Earlier this month, a Fox affiliate in Atlanta reported, a local man lost his job after his employer learned about a conversation he had with friends on…

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Enforce your social media policies evenly. Otherwise, it’s bloggy-blog time.

An employee who was allegedly fired for violating a company’s social media policy is going to have his day in court. And on this blog. Chris Redford, a white male, worked for a Louisiana TV news station. The station has a social media policy prohibiting employees from responding to viewer…

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When your recently-fired employee shares the secret sauce on Twitter

No, the secret sauce isn’t ketchup. Or is it? Literally. [Music] The secret’s out in 140 characters In Texas, there’s a professional football team that could fill an infirmary ward restaurant called Raising Cane’s Chicken Fingers. A local FOX affiliate reports here that a recently-fired employee promptly raised Cain (see what I…

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Firing an employee for complaining on Facebook about discrimination = retaliation

And when the employer practically admits as much at a deposition = hella-stupid retaliation Yet, that’s what apparently happened, as described in the recent Michigan federal court decision in Brown v. Oakland County. Before I discuss that decision, I have a little contest for you. There is a great* employment-law decision involving…

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The limits of employee free speech on social media

  One of the finest employment-law bloggers, Daniel Schwartz, recently marked the eight-year anniversary of his Connecticut Employment Law Blog with a post about the three most notable changes in employment law over that span. Number one was social media. While for us bloggers, social media presents the lowest-hanging clickbait fruit,…