"social media" Blog Tag

If you got your social media policy from Walmart, beware

September 26th, 2019

Fiona Ong at Shawe Rosenthal

Once upon a time there was a social media policy in the land of Walmart. And the rulers of Walmart wanted to know that it was a just and fair policy, so they asked the gods that ruled their lives (Nike, Loki, Rhea, and Bacchus) to pass judgement.

So was born Operations-Management Memo 12-59, which proclaimed "the entire social media policy, as revised, is lawful". There was great rejoicing and much blithe moving in the land of Walmart and all lands, for now everone knew what was what. 

And all was good.

Operative word being "was".

Our own Themis Fiona Ong discovers that the same social media policy can be both lawful and unlawful, especially if you got it from Walmart. 

Social media – hiring, firing and discipline

January 10th, 2020

Frank L. Day, Jr., Mollie K. Wildmann

Ford & Harrison LLP

The law regarding the use of social media in employment is still in its infancy. 

While there are hundreds, if not thousands, of such sites, it is easiest to think about the employment issues regarding social media in two timeframes

  • Pre-hire screening

The use of social media in the pre-hire screening of applicants for employment is fraught with peril.  It is especially dangerous during the pre-interview stage, though risks continue to linger even thereafter. It is impossible to anticipate every single issue that might arise from using social media during pre-hire screening.  However, the following sections address some of the major concerns.

  • Post-hire

As can be expected, some of the pre-hire implications of using social media will also apply to the post-hire time period. Some of the additional major post-hire issues with using social media in employment decisions are discussed herein.

Termination and social media posts - peanut butter and vinegar?

April 25th, 2019

Aaron Holt at Cozen O'Connor

Termination can be sticky/messy (think peanut butter). It's also part of your job.

Social media can be sweet/sour (think vinegar). It can also be part of the workplace.

Aaron Holt provides some examples of social media and termination combining to produce different results, then shares three pieces of practical advice when it happens to you .

And for the record, termination could have been oil and social media could have been jelly. But what kind of sauce is that?

How to Address an Unflattering Video of an Employee

January 25th, 2019

Robin Shea at Constangy

If it hasn't happened yet, there is a good chance that one of your employees will show up in a posted video in a less than flattering light, and that light is going to reflect on your company.

Days past, you would have taken the video at face value and determined disciplinary actions, maybe even termination, based solely on the video.

Knee-jerk doesn't work any more. Maybe now it is KnoW-jerk, as in know the employee is no jerk. And video, especially just a snippet, doesn't always tell the whole story.

Robin Shea helps you address the situation with a PR statement you should keep close at hand.

Carnac the Magnificent says – Politicussin

December 5th, 2018

Aaron Warshaw at Ogletree Deakins

What happens when political discussions in the workplace have not been addressed before the discussions get political.

Political discussions at work are a minefield at any time. Add one part holiday party, two parts booze and maybe an off-site location, mix thoroughly and you may have yourself a politicussin'.

Aaron Warshaw provides 6 FAQs and their answers so nothing progresses past politiscussions.

  1. common concerns
  2. First Amendment protections
  3. political discussions gone bad
  4. name-calling based on race or national origin
  5. limiting or monitoring social media accounts
  6. policies limiting political discussions

Cursing, surfing, weapons, gadgets – illegal, inappropriate or OK?

November 1st, 2018

Robin Shea at Constangy

It happens in almost every workplace almost every day: somebody swears or is on an iffy website or is carrying a knife (or worse) or is using their own (not secure) phone or computer to send off a quick business email or text.

So what is illegal, what is inappropriate and what is just not that a big a deal?

Robin Shea at Constangy has your answers (and answers your questions) at our November 14 webinar, “Not Suitable for Work?”

Credits available: SHRM and HRCI

Register here.