Deleting Your Facebook Posts Could Cost You

Deleting Your Facebook Posts Could Cost You

Deleting Facebook posts may get you in hot water legally.

Most everyone has read about warnings concerning sharing too much information on social media and employees who have posted videos, photos or comments that have resulted in getting “Facebook fired.”

Most folks do not know, however, that deleting social media posts, can, if deleted at certain times, can result in Court sanctions. In my post titled “Former Employee Sanctioned For Deleting Posts on Facebook” for Maximize Social Business, I analyze a recent case from Nevada. Learn why a Court in a sexual harassment case instructed a jury against someone who deleted Facebook posts about her former employer.

Another Government Agency Addresses Social Media in the Workplace

Another Government Agency Addresses Social Media in the Workplace

In my latest post for Maximize Social Business, I summarize and analyze the impact of the public meeting and the issues that the EEOC highlighted. Ultimately, it is refreshing to know that most of the issues brought before the EEOC are ones that I have written about (and counseled my clients on) over the past several years. The EEOC’s interest in these issues, however, should serve as a reminder to employers that social media in the workplace will only raise more issues and pose more risks unless employers are proactive and avoid waiting for the EEOC to come knocking on the door.

A Single Facebook Post Results In $80,000.00 Loss

This past week mainstream press (not just employment law blogs) has been reporting on a single Facebook post by a Boston College student. Why? One of her posts resulted in a loss of $80,000.00 to her father. As it turns out, her post demonstrated that her father had violated a confidentiality provision in a Settlement Agreement he had entered into with his former employer after he brought claims of employment discrimination and retaliation.

This same week, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against CVS Pharmacy challenging the company’s standard severance agreement. The EEOC was particularly concerned with provisions it thinks trample on employee rights to discuss workplace issues, including the confidentiality provision.

In my most recent article titled “Can ‘Social Media’ and ‘Confidentiality’ Co-Exist In The Workplace” for Maximize Social Business, I analyze whether “social media” and “confidentiality” can really co-exist in a workplace, and how one Court ruled in favor of the confidentiality provision, while the EEOC challenges another. After you read the post, let me know what you think – did the Court get it right when it ruled against the Facebook poster and her family? Are the EEOC’s concerns valid, and if so, will employers be even more reluctant than ever to enter into severance/settlement agreements that will not contain confidentiality provisions?

Yahoo!, Telecommuting and March Madness in the Workplace

UPDATED: March 11, 2013: For the second consecutive time, my article for Windmill Networking (MaximizeSocialBusiness) has been highlighted in, and chosen as one of the top Blog posts by Please see the March 8, 2013 Daily Headlines and Features by Last month, my article titled “Social Media in the Workplace: Hoaxes, Lies and a President’s Unconstitutional Behavior” was chosen as one of the top Blog Posts by, and highlighted in, the February 8, 2013 Daily Headlines and Features by

ORIGINAL MESSAGE: March 8, 2013: Yahoo! recently announced the end of telecommuting for its workforce. Yahoo!’s change in policy has spurred many discussions about the advantages and disadvantages of telecommuting. And, for the majority of employers who permit telecommuting, it is critical that they have clear and comprehensive policies in place to address the many issues of a telecommuting workforce. In my March 2013 post for Windmill Networking (now, I examine some of these issues. In addition, I revisit the many issues employers and employees face during the season of March Madness. See my article titled: “Social Media and Employment Law: March Madness (and Yahoo!/Telecommuting) Causes Craziness in the Workplace“.


New CA Law and First NLRB Decision on Social Media in the Workplace

New CA Law and First NLRB Decision on Social Media in the Workplace

Social Media in the Workplace: New California Law places restrictions on employer access to social media.

The landscape regarding social media in the workplace continues to evolve at a fairly rapid pace. In my article, titled: “New California Law and New NLRB Decision On Social Media” I detail two key developments for employers. First, in late September, California Governor Jerry Brown signed a new law (California AB 1844) that places certain restrictions on employer access to employee social media accounts. Read my post to learn more about the California law, and how it differs from the new laws enacted in two other states.

In addition, I analyze a September 2012 decision by the National Labor Relations Board concerning policies at Costco Wholesale Corp. This is the first time the NLRB has issued a decision on many policies that typically appear in a company’s social media policy. Employers should review both the new California law, and the new NLRB decision, and prepare themselves for further states passing laws, and further NLRB decisions regarding employee policies and social media.

Continue to stay updated on these, and similar, important issues by reading my monthly contributions on Social Media and Employment Law at Windmill Networking, and by following my posts here as well.