Social Media and employment law

Social Media’s Impact On Non Solicitation Agreements – Tips for Employers and Employees


Social Media’s Impact On Non Solicitation Agreements – Tips for Employers and Employees

Don’t allow your ex-employees to walk off with your clients. Always have a non solicitation agreement in place.

Now days, people change jobs frequently. And, when they start and end a job with one company, they are typically subject to all sorts of contractual obligations, including non-disparagement, and non-solicitation of customers and other employees.

What can/should a person post on his/her LinkedIn page, Facebook status, and Twitter feed about leaving one company to join another? What would be considered “solicitation,” and thus, a violation of a contractual provision? How can employers protect against a departing employee from soliciting other employees (and customers) from departing as well. In my May 2013 post regarding Social Media in the Workplace for Windmill Networking (Now MaximizeSocialBusiness.com), I provide 6 tips for employers and employees in dealing with social media and non-solicitation agreements. The article is creatively titled: “Social Media In the Workplace: 6 Tips Regarding Non Solicitation Agreements“.

Employers and Employees Should Be Careful About Personal Mobile Devices In The Workplace


Employers and Employees Should Be Careful About Personal Mobile Devices In The Workplace

What are your policies about using personal mobile devices in the workplace?

Have you, or someone you know, recently bought a personal mobile device (iPad, iPod, Smartphone, Android Tablet, etc.)? Do you plan on giving (or hope to receive) such devices during the upcoming holidays? If so, you are like millions of others in the country.

Employers: are you prepared for the continued increase of employees with personal social media devices?

Employees: are you planning to use your personal mobile devices in the workplace, or to bring your devices to work, and if you so, what issues do you face?

Employers should take steps now to implement new, or revisit old, policies to address the continuing influx of personal mobile social media devices. Some of the issues focus on data/security breaches, wage and hour issues, and ensuring policies are as state-of-the-art as the technology the policies deal with. Employees should thoughtfully consider if they wish to use personal devices for work purposes, or to even use such devices at the workplace. In my article titled “More Employees With Personal Mobile Devices Means More Problems In The Workplace” I examine a few of these important issues.

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.

Surprising Facebook Firing Decision By The National Labor Relations Board


Surprising Facebook Firing Decision By The National Labor Relations Board

This Facebook firing decision may surprise you.

Employee takes pictures of events at work. Employee posts pictures of those events on his Facebook page. Employee also makes sarcastic comments about the pictures and events. Employee is fired for these activities.

This chain of events is becoming more and more common. Discharged employees have typically gone to Court to pursue their claims. Lately, though, the National Labor Relations Board (“NLRB”) has become very active regarding issues concerning social media use in the workplace. In October 2012, the NLRB issued its first Facebook Firing decision. In my article, I examine the case and explain the decision reached by the NLRB; a decision that may surprise you.

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.

How Naked Twister Can Affect Employment Claims


How Naked Twister Can Affect Employment Claims

Will your Facebook posts negate your employment claim?

Not too long ago, before social media, if people talked about playing naked twister, or going into hot tubs au naturel, they kept such discussions private and behind closed doors. Now, however, many of those same folks are comfortable posting about such activities on their (or their “friend’s”) Facebook wall. One woman in Tennessee did just that. Unfortunately, for her, she was also claiming that her workplace was a sexually hostile work environment.

In my post titled “Social Media and Employment Law: Naked Twister and Litigating Employment Claims” I detail more about this litigant’s claims, her Facebook posts, how the defendant (former employer) utilized such posts, and what the Judge decided at summary judgment. Let me know in the comments section how you would determine the case if you are on the jury (based on the limited facts), and whether you think discovery into such posts is reasonable/relevant, or should be off-limits.

Social Media in the Workplace: New Laws Make The Ill-advised Illegal


Social Media in the Workplace: New Laws Make The Ill-advised Illegal

Social Media in the Workplace: Employers can no longer gather personal social media log-in information from employees.

In my June 2012 Social Media and Employment Law contribution to Windmill Networking’s Blog, I discussed the start of the new wave of inevitable laws that are being considered and passed in various states and the federal government.

These new laws will make illegal the ill-advised practice of requiring social media login credentials from applicants. But, the more problematic issue facing employers, particularly multi-state employers, are the many inconsistent laws that each state, and the federal government, are proposing and passing.

Maryland’s law is different than Illinois’s law awaiting the Governor’s approval. And, there are at least 12 other states with different laws of their own (including California). Some laws ban all access. Others, provide exceptions, like when confidential and/or fiduciary information is suspected to have been posted by an employee. Some ban employer activity only, while others prohibit universities and college activity as well. Even the federal government has two competing bills working their way through the legislature. For more information read my full post, titled “From Ill-Advised to Illegal: Employers Face New Laws On Social Media Monitoring“.