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Articles Posted in Social Media and the Workplace

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Can you access an ex-employee’s Facebook posts if she sues?

What a whirlwind 12 months it’s been for Edith Employee! Or, should I say, Edith “former” Employee? Last year, she was an employee for ABC Company. This year, she is suing ABC for sexual harassment. Among other things, Edith claims damages for physical and psychological injuries, including the inability to…

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POLL: Would you fire this employee for her Facebook comments?

I read this on ZDnet yesterday: Administrative Law Judge Ellen Bass has ruled Jennifer O’Brien, a first-grade teacher at School 21 in Paterson, New Jersey, should lose her tenured job, because of a Facebook comment she made about her students. O’Brien has been on administrative leave since March, which is…

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This is what a social-media policy in a unionized workplace looks like

Do you have a unionized workforce? If you have a social-media policy, it should not expressly restrict employees’ rights to discuss terms and conditions of employment. Otherwise, you may be violating the National Labor Relations Act. And to those non-union employers who have social-media policies, don’t think for a second…

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What are the latest trends in social media and performance reviews?

In yesterday’s post, while highlighting the latest trends in social media and litigation, I noted that most companies in some way restrict employee access at work to social media content. However, the number of blockers is falling. In 2009, approximately 2 in 3 companies had some type of restrict. Last…

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Miami Heat owner fined $500,000 for a single tweet

“Shaquille O’Neal, Pat Riley and Micky Arison at the White House” by Heatwhitehouse.jpg: Original uploader was Zorro37 at en.wikipedia derivative work: Ladislav Faigl (talk) – Heatwhitehouse.jpg. Licensed under Public Domain via Wikimedia Commons. We know that employees can be disciplined — and even lose their jobs — based on their…