The document discusses the legal issues that arise from employee use of social media. It describes a scenario where an employee was fired for posts on her Facebook page disparaging her employer. While the employee claimed her rights were violated, the employer was unsure of its legal position. The document then summarizes the risks social media poses to employers, such as leaks of sensitive information or harassment. It analyzes the legal issues around monitoring employee communications and social media use, such as privacy laws and policies employers can implement.
This document provides a summary of 13 common social media issues that employers may face. It discusses issues such as whether employers must monitor employee email, whether they can monitor personal email accessed at work, and whether they can monitor an employee's social media use. The document outlines relevant court cases and concludes that while employers can monitor work email and social media, they must be careful not to engage in surreptitious monitoring that could violate privacy laws. It also notes some states prohibit accessing electronic communications without authorization.
A lawyer’s guide to the top 13 social media issuesAndres Baytelman
This document provides a summary of 13 common social media issues that employers may face. It discusses issues such as whether employers must monitor employee email, whether they can monitor personal email accessed at work, and whether they can monitor an employee's social media use. The document outlines relevant court cases and concludes that while employers can monitor work email and social media, they must be careful not to engage in surreptitious monitoring that could violate privacy laws. It also notes some states prohibit accessing electronic communications without authorization.
Energy Audit Retrofit Contract Legalities PittfallsAmy Shriner
This document discusses legal issues related to social media use by employers and employees. It outlines various risks including damage to reputation, liability, disclosure of confidential information, and disputes over ownership of social media accounts. The document also examines potential legal claims involving discrimination, privacy concerns, National Labor Relations Act issues, and intellectual property. It emphasizes the importance of preserving social media evidence and complying with industry regulations regarding document retention.
Managing Social Media in the WorkplaceEric Swenson
The impact of social media in the workplace is growing. Time is being wasted, employees are 'friending' each other and liability for these issues is a litigation attorney's dream come true.
This document discusses social media use policies and issues related to social media use in the workplace. It provides statistics showing that many employers do not have social media policies and it is easy for companies' reputations to be damaged on social media. It then discusses several legal issues and cases related to social media use, disciplinary actions, discrimination, harassment, monitoring employees' social media use, and recommendations for developing appropriate social media policies.
The NLRB allows employees wide latitude to criticize their employers on social media as long as it relates to wages, hours, or working conditions. Even posts containing profanity or that disparage the employer may be protected. The NLRB considers electronic media the modern equivalent of water coolers and will scrutinize any discipline of employees for social media posts about labor disputes or conditions. However, posts of confidential business information unrelated to working conditions or intentionally false statements generally receive no protection. Employers must understand where to draw the line between protected criticism and inappropriate conduct to avoid unfair labor practice charges.
More employers are researching applicants on social media sites like Facebook. Over half of employers have rejected candidates based on content found online, such as inappropriate photos or lies on resumes. While this allows employers to filter candidates, it may also violate privacy and discriminate. There is debate whether this practice is legal regarding freedom of speech and discrimination, and lawsuits have been filed but no clear precedent set yet. Attorneys disagree on the legality, but most say employers should avoid using social media to reject candidates without clear documentation of legitimate reasons.
This document discusses social media use in the workplace and related legal issues. It provides examples of employees being dismissed or facing legal consequences due to inappropriate social media posts. While employees have the right to express private opinions, courts have generally found dismissals justified if posts damage the employer's reputation or brand. The line between private and public is blurring, so employees must be careful about all social media use, both during and after work hours. Workplace social media policies aim to educate staff on appropriate usage.
This document provides a summary of 13 common social media issues that employers may face. It discusses issues such as whether employers must monitor employee email, whether they can monitor personal email accessed at work, and whether they can monitor an employee's social media use. The document outlines relevant court cases and concludes that while employers can monitor work email and social media, they must be careful not to engage in surreptitious monitoring that could violate privacy laws. It also notes some states prohibit accessing electronic communications without authorization.
A lawyer’s guide to the top 13 social media issuesAndres Baytelman
This document provides a summary of 13 common social media issues that employers may face. It discusses issues such as whether employers must monitor employee email, whether they can monitor personal email accessed at work, and whether they can monitor an employee's social media use. The document outlines relevant court cases and concludes that while employers can monitor work email and social media, they must be careful not to engage in surreptitious monitoring that could violate privacy laws. It also notes some states prohibit accessing electronic communications without authorization.
Energy Audit Retrofit Contract Legalities PittfallsAmy Shriner
This document discusses legal issues related to social media use by employers and employees. It outlines various risks including damage to reputation, liability, disclosure of confidential information, and disputes over ownership of social media accounts. The document also examines potential legal claims involving discrimination, privacy concerns, National Labor Relations Act issues, and intellectual property. It emphasizes the importance of preserving social media evidence and complying with industry regulations regarding document retention.
Managing Social Media in the WorkplaceEric Swenson
The impact of social media in the workplace is growing. Time is being wasted, employees are 'friending' each other and liability for these issues is a litigation attorney's dream come true.
This document discusses social media use policies and issues related to social media use in the workplace. It provides statistics showing that many employers do not have social media policies and it is easy for companies' reputations to be damaged on social media. It then discusses several legal issues and cases related to social media use, disciplinary actions, discrimination, harassment, monitoring employees' social media use, and recommendations for developing appropriate social media policies.
The NLRB allows employees wide latitude to criticize their employers on social media as long as it relates to wages, hours, or working conditions. Even posts containing profanity or that disparage the employer may be protected. The NLRB considers electronic media the modern equivalent of water coolers and will scrutinize any discipline of employees for social media posts about labor disputes or conditions. However, posts of confidential business information unrelated to working conditions or intentionally false statements generally receive no protection. Employers must understand where to draw the line between protected criticism and inappropriate conduct to avoid unfair labor practice charges.
More employers are researching applicants on social media sites like Facebook. Over half of employers have rejected candidates based on content found online, such as inappropriate photos or lies on resumes. While this allows employers to filter candidates, it may also violate privacy and discriminate. There is debate whether this practice is legal regarding freedom of speech and discrimination, and lawsuits have been filed but no clear precedent set yet. Attorneys disagree on the legality, but most say employers should avoid using social media to reject candidates without clear documentation of legitimate reasons.
This document discusses social media use in the workplace and related legal issues. It provides examples of employees being dismissed or facing legal consequences due to inappropriate social media posts. While employees have the right to express private opinions, courts have generally found dismissals justified if posts damage the employer's reputation or brand. The line between private and public is blurring, so employees must be careful about all social media use, both during and after work hours. Workplace social media policies aim to educate staff on appropriate usage.
Social media & data protection policy v1.0 141112 Dave Shannon
Presentation presented to employees in a previous role. Unfortunately corporate identity has had to be removed, however content is still relevant to policies and legislation
SM Impact and Ethics in Workplace_Atansuyi, Kostak and Manhanga_073012_FINALJohn Kostak
This document discusses the impact of social media on employee terminations and the related ethical considerations. It provides examples of cases where employees were fired for negative social media posts about their employers or coworkers. It explores the challenges faced by governments and companies regarding employee rights and privacy in the digital age. Laws and policies around employment contracts, privacy, and freedom of speech are examined. The conclusion considers how ethics could help define appropriate boundaries for both employees and employers regarding social media use.
The Complexities and Challenges of Social Media in the WorkplaceBass, Berry & Sims
This presentation includes:
-How to create a clear social media policy for the employer's handbook when social media itself is constantly evolving.
-Different internal policies for the employee's personal social media accounts and the company's social media accounts.
-What is the best way for an employer to enforce its social media policies?
-What is an employer prohibited from doing in relation to social media accounts? Discussion of NLRB guidance.
-What kind of employee conduct is protected? Provide examples of lawsuits and outcomes.
-What should an employer should do if it Googles an employee and finds out an employee is engaged in off duty conduct that is unacceptable.
-What employers need to be wary of when using social media to investigate potential candidates and/or in the hiring process.
-Recommendations for a successful social media strategy.
The document summarizes key topics around developing sound social media policies for employers and preventing employee misuse, including:
- The prevalence and growth of social media use
- Common risks of social media for employers like improper hiring practices, disclosure of confidential information, and litigation issues
- Best practices for developing social media policies like prohibiting discriminatory comments, maintaining privacy, and monitoring post-employment social media use
Social media - employer considerationsMalcolm York
The document summarizes a presentation given on employer considerations regarding social media use. It notes the benefits of social media use for businesses but also discusses key issues like employees acting inappropriately online or criticizing employers. It outlines legal risks around discrimination, confidential information, recruitment practices, and loss of productivity or reputation. The document recommends introducing a social media policy to clarify rules around social media use at work and disclaimers, and to avoid potential legal issues. It offers services from The Personnel Dept like providing social media policies or HR support.
Charles Krugel's Social Media, Human Resources & Legal Issues Presentation Ma...Charles Krugel
46 slide PowerPoint analyzing human resources & labor & employment law issues in social media in the workplace. Discussion of regulatory agency & court decisions, policies & what companies should or shouldn't do.
Social Media and Online Investigation Of ClaimsDano0403
This document summarizes strategies for using social media and electronic discovery in litigation. It discusses asking plaintiffs about their social media use and electronic devices in discovery. It provides tips for seeking authorizations and court orders to obtain information from social media sites like Facebook, MySpace, and Twitter. It also discusses searching social media and the internet to find information about plaintiffs that could be relevant, like postings inconsistent with injury claims.
5 Social Media Questions All Employers Should Consider Fredrikson & Byron
Leveraging social media is critical to the success of any business today.
Customers use social media as a source for reviews and “word of mouth” referrals.
Without a social media strategy, businesses will miss a key opportunity.
With opportunity, however, comes risk, as organizations need to:
• Protect private information
• Manage liability relating to employee use (and misuse) of social media
• Preserve their online image and brand
In this guide, you will find five key questions relating to social media that all employers should consider.
Demanding Social Media Passwords - ASSESSMENT 2 ISS220William Fiscus III
This document discusses the issue of employers demanding social media login credentials from job applicants and argues that it is wrong for several reasons. First, providing login information results in a complete loss of personal privacy and compromises one's online presence. It also allows sensitive personal information to be used against individuals in the future. While some claim it is necessary for vetting purposes, there is enough publicly available information on social media to determine trustworthiness without requiring full access. Demanding passwords is against the terms of service of social media sites and invades the privacy of one's friends as well. The document concludes that although the practice occurs, individuals should refuse to provide their login information as it is not acceptable to lose control of private social media
This document summarizes challenges and opportunities that social media presents for employers. It discusses legal issues around privacy and monitoring employees' social media use. It also outlines internal challenges like discrimination and external risks like discovery of proprietary information. The document recommends that employers develop social media policies, get consent for background checks, and educate employees on guidelines.
Whitepaper for IM Lock Software
http://www.comvigo.com
Our Latest Version of IMLock
http://www.imlock.com/how-to-block-a-website-with-imlock/
IM Lock is an internet filtering software for Home, Business, and Networks.
A care assistant is fired for posting insults about the elderly residents in her care and a waitress loses her job for posting a negative comment about customers – the number of firings related to employees’ use of Facebook is growing fast. They also highlight the increasingly blurred boundary between private and work life online. In an effort to help employers develop a fair and effective social media policy, the Direct Marketing Association (DMA) Social Media Council has published a white paper: ‘Staff Use of Social Media Policy – Legal Dimension’.
Take This Job And Tweet It Social Media PolicyMRDC1230
The document discusses best practices for employers in dealing with social media. It outlines the key statutes that apply, including the Electronic Communications Privacy Act, Stored Communications Act, and National Labor Relations Act. It then discusses common social media risks for employers like textual harassment and provides case examples. The document concludes with recommendations for developing social media policies and guidelines on use both during and after work, and considerations around enforcement and discipline.
Blake Lapthorn's In-House Lawyer and Decision Makers' forumBlake Morgan
Blake Lapthorn's Litigation Dispute Resolution and Employment teams joined up to present a forum on social media and confidentiality on 17 September 2013, at Blake Lapthorn's Oxford office.
This document discusses the implications of social networking and e-discovery in litigation. It notes that social networking is growing rapidly and will likely become as widespread as email. This means that social media activity and online posts will be considered electronically stored information subject to e-discovery rules. Lawyers should advise clients and witnesses to avoid posting about ongoing litigation and should consider social media as a source of information about witnesses or parties. The document also discusses authentication of social media evidence and considerations around privacy and ethics.
This document discusses the legal issues that employers and employees face regarding social media use. It covers topics like discrimination, privacy concerns, negligent hiring, defamation and more. Employers are advised to have social media policies in place and monitor employee usage to avoid risks. Examples are given of employees being fired for inappropriate social media posts. Laws like the FLSA, NLRB and Sarbanes-Oxley are also discussed in relation to regulating social media use.
The document discusses various legal issues that employers face related to employees' use of social media. It provides examples of employees being fired for inappropriate social media posts. It emphasizes the importance of employers having social media policies to avoid legal risks like discrimination, privacy violations, defamation and more. It advises monitoring employee social media use and only accessing company networks. Employers should protect trademarks, trade secrets, and confidential information.
1. The document provides an overview of how attorneys and law firms can use social media for reputation management, visibility, marketing and research. It discusses best practices for setting up social media policies and profiles.
2. Various social media platforms that are commonly used are described, including LinkedIn, blogs, and wikis. Benefits for attorneys include gathering industry news and researching potential clients or hiring outside counsel.
3. The importance of managing one's online reputation is emphasized. Attorneys should monitor how they are presented online and optimize profiles on platforms like LinkedIn and Google.
Dennis R. Rhoten is seeking a Superintendent position with a commercial construction company to utilize his 30 years of construction experience, including 20 years in supervisory roles. He has extensive experience managing projects of various sizes, including residential and commercial buildings. Rhoten has worked as a Project Superintendent for several construction companies, overseeing projects ranging from $1 million to $5 million. He has expertise in scheduling, risk management, estimating, and coordinating subcontractors.
The document discusses considerations for companies when mediating employment law disputes. It notes that mediation provides an opportunity to objectively assess case strengths, weaknesses, risks, and costs of continuing litigation, which can lead to settlement. However, mediation does not require settlement. The document outlines factors that can increase the likelihood of settlement through mediation, including selecting an experienced mediator, having appropriate representatives present, and mediating at different stages of litigation, each with their own dynamics. Early mediation before positions harden is discussed as one option that can motivate companies seeking a quick resolution.
Social media & data protection policy v1.0 141112 Dave Shannon
Presentation presented to employees in a previous role. Unfortunately corporate identity has had to be removed, however content is still relevant to policies and legislation
SM Impact and Ethics in Workplace_Atansuyi, Kostak and Manhanga_073012_FINALJohn Kostak
This document discusses the impact of social media on employee terminations and the related ethical considerations. It provides examples of cases where employees were fired for negative social media posts about their employers or coworkers. It explores the challenges faced by governments and companies regarding employee rights and privacy in the digital age. Laws and policies around employment contracts, privacy, and freedom of speech are examined. The conclusion considers how ethics could help define appropriate boundaries for both employees and employers regarding social media use.
The Complexities and Challenges of Social Media in the WorkplaceBass, Berry & Sims
This presentation includes:
-How to create a clear social media policy for the employer's handbook when social media itself is constantly evolving.
-Different internal policies for the employee's personal social media accounts and the company's social media accounts.
-What is the best way for an employer to enforce its social media policies?
-What is an employer prohibited from doing in relation to social media accounts? Discussion of NLRB guidance.
-What kind of employee conduct is protected? Provide examples of lawsuits and outcomes.
-What should an employer should do if it Googles an employee and finds out an employee is engaged in off duty conduct that is unacceptable.
-What employers need to be wary of when using social media to investigate potential candidates and/or in the hiring process.
-Recommendations for a successful social media strategy.
The document summarizes key topics around developing sound social media policies for employers and preventing employee misuse, including:
- The prevalence and growth of social media use
- Common risks of social media for employers like improper hiring practices, disclosure of confidential information, and litigation issues
- Best practices for developing social media policies like prohibiting discriminatory comments, maintaining privacy, and monitoring post-employment social media use
Social media - employer considerationsMalcolm York
The document summarizes a presentation given on employer considerations regarding social media use. It notes the benefits of social media use for businesses but also discusses key issues like employees acting inappropriately online or criticizing employers. It outlines legal risks around discrimination, confidential information, recruitment practices, and loss of productivity or reputation. The document recommends introducing a social media policy to clarify rules around social media use at work and disclaimers, and to avoid potential legal issues. It offers services from The Personnel Dept like providing social media policies or HR support.
Charles Krugel's Social Media, Human Resources & Legal Issues Presentation Ma...Charles Krugel
46 slide PowerPoint analyzing human resources & labor & employment law issues in social media in the workplace. Discussion of regulatory agency & court decisions, policies & what companies should or shouldn't do.
Social Media and Online Investigation Of ClaimsDano0403
This document summarizes strategies for using social media and electronic discovery in litigation. It discusses asking plaintiffs about their social media use and electronic devices in discovery. It provides tips for seeking authorizations and court orders to obtain information from social media sites like Facebook, MySpace, and Twitter. It also discusses searching social media and the internet to find information about plaintiffs that could be relevant, like postings inconsistent with injury claims.
5 Social Media Questions All Employers Should Consider Fredrikson & Byron
Leveraging social media is critical to the success of any business today.
Customers use social media as a source for reviews and “word of mouth” referrals.
Without a social media strategy, businesses will miss a key opportunity.
With opportunity, however, comes risk, as organizations need to:
• Protect private information
• Manage liability relating to employee use (and misuse) of social media
• Preserve their online image and brand
In this guide, you will find five key questions relating to social media that all employers should consider.
Demanding Social Media Passwords - ASSESSMENT 2 ISS220William Fiscus III
This document discusses the issue of employers demanding social media login credentials from job applicants and argues that it is wrong for several reasons. First, providing login information results in a complete loss of personal privacy and compromises one's online presence. It also allows sensitive personal information to be used against individuals in the future. While some claim it is necessary for vetting purposes, there is enough publicly available information on social media to determine trustworthiness without requiring full access. Demanding passwords is against the terms of service of social media sites and invades the privacy of one's friends as well. The document concludes that although the practice occurs, individuals should refuse to provide their login information as it is not acceptable to lose control of private social media
This document summarizes challenges and opportunities that social media presents for employers. It discusses legal issues around privacy and monitoring employees' social media use. It also outlines internal challenges like discrimination and external risks like discovery of proprietary information. The document recommends that employers develop social media policies, get consent for background checks, and educate employees on guidelines.
Whitepaper for IM Lock Software
http://www.comvigo.com
Our Latest Version of IMLock
http://www.imlock.com/how-to-block-a-website-with-imlock/
IM Lock is an internet filtering software for Home, Business, and Networks.
A care assistant is fired for posting insults about the elderly residents in her care and a waitress loses her job for posting a negative comment about customers – the number of firings related to employees’ use of Facebook is growing fast. They also highlight the increasingly blurred boundary between private and work life online. In an effort to help employers develop a fair and effective social media policy, the Direct Marketing Association (DMA) Social Media Council has published a white paper: ‘Staff Use of Social Media Policy – Legal Dimension’.
Take This Job And Tweet It Social Media PolicyMRDC1230
The document discusses best practices for employers in dealing with social media. It outlines the key statutes that apply, including the Electronic Communications Privacy Act, Stored Communications Act, and National Labor Relations Act. It then discusses common social media risks for employers like textual harassment and provides case examples. The document concludes with recommendations for developing social media policies and guidelines on use both during and after work, and considerations around enforcement and discipline.
Blake Lapthorn's In-House Lawyer and Decision Makers' forumBlake Morgan
Blake Lapthorn's Litigation Dispute Resolution and Employment teams joined up to present a forum on social media and confidentiality on 17 September 2013, at Blake Lapthorn's Oxford office.
This document discusses the implications of social networking and e-discovery in litigation. It notes that social networking is growing rapidly and will likely become as widespread as email. This means that social media activity and online posts will be considered electronically stored information subject to e-discovery rules. Lawyers should advise clients and witnesses to avoid posting about ongoing litigation and should consider social media as a source of information about witnesses or parties. The document also discusses authentication of social media evidence and considerations around privacy and ethics.
This document discusses the legal issues that employers and employees face regarding social media use. It covers topics like discrimination, privacy concerns, negligent hiring, defamation and more. Employers are advised to have social media policies in place and monitor employee usage to avoid risks. Examples are given of employees being fired for inappropriate social media posts. Laws like the FLSA, NLRB and Sarbanes-Oxley are also discussed in relation to regulating social media use.
The document discusses various legal issues that employers face related to employees' use of social media. It provides examples of employees being fired for inappropriate social media posts. It emphasizes the importance of employers having social media policies to avoid legal risks like discrimination, privacy violations, defamation and more. It advises monitoring employee social media use and only accessing company networks. Employers should protect trademarks, trade secrets, and confidential information.
1. The document provides an overview of how attorneys and law firms can use social media for reputation management, visibility, marketing and research. It discusses best practices for setting up social media policies and profiles.
2. Various social media platforms that are commonly used are described, including LinkedIn, blogs, and wikis. Benefits for attorneys include gathering industry news and researching potential clients or hiring outside counsel.
3. The importance of managing one's online reputation is emphasized. Attorneys should monitor how they are presented online and optimize profiles on platforms like LinkedIn and Google.
Dennis R. Rhoten is seeking a Superintendent position with a commercial construction company to utilize his 30 years of construction experience, including 20 years in supervisory roles. He has extensive experience managing projects of various sizes, including residential and commercial buildings. Rhoten has worked as a Project Superintendent for several construction companies, overseeing projects ranging from $1 million to $5 million. He has expertise in scheduling, risk management, estimating, and coordinating subcontractors.
The document discusses considerations for companies when mediating employment law disputes. It notes that mediation provides an opportunity to objectively assess case strengths, weaknesses, risks, and costs of continuing litigation, which can lead to settlement. However, mediation does not require settlement. The document outlines factors that can increase the likelihood of settlement through mediation, including selecting an experienced mediator, having appropriate representatives present, and mediating at different stages of litigation, each with their own dynamics. Early mediation before positions harden is discussed as one option that can motivate companies seeking a quick resolution.
The document discusses conjoined twins and argues that:
1) They are a natural gift and should be respected as normal beings, not objects of entertainment or pity.
2) While technology allows some to live separately, others choose to remain together because separation could endanger one twin's survival.
3) If their condition is not life-threatening, separation may be possible, but otherwise they should be allowed to live combined lives with dignity.
La revolución de la tecnología de la información indujo la aparición del informacionalismo como cimiento material de la nueva sociedad. Las redes interconectadas permitieron una forma dinámica y autoexpansiva de organizar la actividad humana, transformando todos los ámbitos sociales y económicos. El documento analiza las tecnologías de la información y la comunicación desde cuatro perspectivas: globalización, tecnología, sociedad e información.
The document discusses the "Master" schedule, which coordinates courses, teachers, and student schedules for an entire school. It addresses key aspects like block vs single period schedules, rotations, budgeting, staffing, curriculum requirements, and the scheduling process. Creating the "Master" schedule requires considering student requests, teacher preferences, licensing, and state requirements to allocate resources and meet student needs.
La revolución de la tecnología de la información indujo la aparición del informacionalismo como cimiento material de la nueva sociedad. Las redes interconectadas permitieron una forma dinámica y autoexpansiva de organizar la actividad humana, transformando todos los ámbitos sociales y económicos. El documento analiza las tecnologías de la información y la comunicación desde cuatro perspectivas: globalización, tecnología, sociedad e información.
This document contains a list of words in different languages including English and Spanish. The words range in topic from people to locations and photos. In just a few words, the document touches on social media, education, landscapes and groups of people.
We offer fast, accurate and approved mechanical information for all types of mechanical work from single wind turbine to all kind technical solutions.
Our blog includes mechanical projects, robotics, engines and wind turbines with manual and automatic work. We have particular expertise in wind turbines, robotics, and other technical sciences projects.
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Managing Social Media in the WorkplaceEric Swenson
The impact of social media in the workplace is growing. Time is being wasted, employees are 'friending' each other and liability for these issues is a litigation attorney's dream come true.
Here's how to develop a social media policy and examine the impact - from legal issues, to morale, to productivity.
Social Media in the Workplace and BeyondAlexNemiroff
This document summarizes key legal issues related to social media use in the workplace. It discusses what constitutes social media, how much time employees spend on social media sites during work hours, and both employee and employer views on social media monitoring. It outlines legal risks for employers, such as negligent hiring, discrimination, and reputational harm. It also discusses constraints on employee discipline related to social media use and privacy issues concerning employee monitoring.
This document discusses social media and its interaction with HR/employment issues. It covers topics like:
1) Employers checking applicants' social media profiles during hiring can find personal information but also information protected by laws like genetic information or past criminal history.
2) Employers should have tailored social media policies to address issues while avoiding interfering with employees' rights to engage in protected concerted activities.
3) The NLRB has ruled that terminating employees for some social media use, like discussions of working conditions, can violate the NLRA, while other uses like inappropriate or offensive individual comments are not protected.
Post 1CyberstalkingCyberstalking is defined as the online st.docxstilliegeorgiana
Post 1
Cyberstalking
Cyberstalking is defined as the online stalking. And it generally involves the use of internet or other electronic means to frighten or harass a person or group. It may include posting derogatory statements online or false accusations. It also includes the destruction of the data or manipulating the victim’s devices by sending the virus to it and monitoring someone’s online activity or his/her location, identity theft etc.
The stalking might be through any of the means. May be through phone calls, emails or any other communication. Cyberstalking can be a serious crime with legal implications. It may also be done using the internet or social media.
Cyberstalking laws of Pennsylvania.
Cyberstalking – 18 Pa.C.S.A. S2709.1
Offense defined, Venue and Grading:
Cyberstalking is a crime in Pennsylvania. Cyberstalking refer to a Pennsylvania crime offense in which the individuals use of electronic devices to stalk an individual on the internet.
Pennsylvania law defines the crime of “Stalking” as repeated harassment that creates substantial emotional distress or threatening someone. It may be done by a course of conduct that includes repeated acts or communications.
The conviction of stalking is a misdemeanor of the 1st degree. And if it is found that the defendant has a prior conviction for stalking the same person, then it is considered to be a felony of the 3rd degree, its violating the section 2701(relating to simple assault), 2702(relating to aggravated assault), 2705(relating to recklessly endangering another person), 2901(relating to kidnapping)etc.
Post 2
Cyberstalking
Top of Form
Cyberstalking refers to the utilization of the Internet, email, or other media transmission advancements to badger or stalk someone else. It isn't the insignificant irritation of spontaneous email. It is precise, conscious, and industrious (Porsons, 2009, p.435). The correspondences, regardless of whether from somebody known or obscure, don't stop even after the beneficiary has requested that the sender stop all contacts, and are frequently loaded up with improper, and some of the time irritating, content. Cyberstalking is an augmentation of the physical type of stalking.
Cyberstalkers utilize an assortment of methods. They may at first utilize the Internet to distinguish and follow their exploited people. They may then send spontaneous messages, including foul or compromising mail. Live visit badgering mishandles the injured individual legitimately or through electronic harm (for instance, flooding the Internet talk channel to upset the unfortunate casualty's discussion). With newsgroups, the cyberstalker can make postings about the person in question or start gossipy tidbits that spread through the announcement board framework. A cyberstalker may likewise set up a website page on the unfortunate casualty with individual or invented data or sales. Another system is to expect the injured individual's persona on-line, for example, in talk rooms, ...
Social networking tools are used by advertisers and marketers, by human resources departments, and of course by job-seekers and employees.
For many companies, the question now is not whether to use social media in its business, but how.
And as with any new aspect of doing business, there are several potential pitfalls that a company must be aware of to avoid running into legal difficulties.
This document discusses developing a social media policy for the workplace. It begins by defining social media and some popular sites like Facebook, Twitter, and LinkedIn. It then covers potential issues with social media use at work like reduced productivity and privacy concerns. The document provides guidance on developing an appropriate policy, including establishing expectations for appropriate use, interactions with coworkers and clients, and handling confidential information. It stresses tailoring the policy to individual workplaces while addressing risks from both under-regulating and over-regulating social media use.
Employee Misuse of Internet and BlogosphereKelly Savage
The document provides guidance to employers on managing risks associated with employee misuse of email, blogs, and the internet. It finds that over 25% of employers have fired workers for email misuse. The risks to employers include legal liability, loss of productivity, and harm to reputation. The document recommends that employers implement and enforce clear, written policies on appropriate technology use and monitor employee activity to prevent issues like sharing confidential information or engaging in discrimination. Employers are also advised to respond quickly to any inappropriate use discovered.
PowerPoint slides from general session of the Grow Revenue: Get Online and Boost Sales Restaurant Education Series event hosted by the Ohio Restaurant Association for their members. Speakers included Jarrod Clabaugh of the Ohio Restaurant Association and Jaime Kolligian of Kastner Westman and Wilkins.
Creating a Dealership Social Media Policy With TeethJim Radogna
This document provides guidance on developing an effective social media policy to build a brand while avoiding legal issues. It discusses how social media policies should cover appropriate employee use, potential legal risks, and guidelines for using social media in hiring decisions. It also summarizes laws around discrimination, privacy, overtime pay, harassment, and prohibiting fake reviews or disclosing relationships with reviewers.
Running head EMPLOYEE USE OF INTERNET AT WORK POLICY PROPOSALS.docxsusanschei
Running Head: Employee Use Of Internet At Work: Policy Proposals
1
Employee Use Of Internet At Work: Policy Proposals
10
INTRODUCTION
This paper talks more about the policy proposals about the use of internet at work. It surveys the possible torts that employees who use the internet could commit. It looks at the possible crimes that could be perpetrated by employees who use the internet at work. These crimes will be indicated as to whether they are white collar or blue collar. The liability of the corporation versus the responsibility of the individual employee through the commission of torts or crimes using the internet at work will be analyzed. Further analysis of whether violations of the duty of care or duty of loyalty could exist through the use of social media sites at work will be given. It explores the employee privacy rights that exist regarding the use of internet at work. The employment laws that protect the employee or employer on the utilization of the web at work will be discussed.
The possible torts that can be committed by employees through the utilization of the web include obstruction of justice. This happens where the government is investigating as an aspect of the company’s operations and staff decides out of motives of loyalty or self-preservation to cover things up. They can cover things up through hiding or destroying documents. This can amount to obstruction of justice and can multiply the consequences to the company of the original misconduct. Many materials are held electronically, and any obstacle will likely use the company’s technology.
Another tort that can be committed by employees is copyright violations. This happens when employees create and distribute multiple copies of protected material more than fair use using employer’s technology. This can lead to suits by the owner of the copyrighted material. Sabotage is another tort that can be committed by employees. This is mostly done by a disgruntled employee or former employees with technical expertise to create disruption which could last for some time and cause economic losses. Sabotage can happen through stealing information or maliciously publicizing it or deleting or overwriting company files. Another way of sabotage by deletion could be saving deliberately of documents that intend to be destroyed under a document retention program whether maliciously or otherwise.
Fraud is another common tort that may be committed by employees. Through the use of technology, employees can penetrate company operations and commit offenses like embezzlement, defrauding the company and corruption of business records. Misconduct due to fraud can be prematurely recognizing revenue, overvaluing goodwill, managing earnings and other accounting malpractices, self-dealing by the management and giving and accepting kickbacks for orders.
A significant tort that may be committed by employees is the misappropriation of trade secrets. This is possible because they a ...
This document summarizes a recent New Jersey Supreme Court case regarding an employer's ability to monitor employee communications. The court ruled that a company could not claim that private emails an employee sent to her attorney from her personal email account, using her work laptop, were the property of the company. The case limits an employer's ability to view employees' personal communications conducted using company devices. The document recommends that employers have clear, unambiguous electronic communications policies to put employees on notice of any monitoring and avoid future legal issues.
The research upon which this William Fry report is based was undertaken by Amárach Research.
Two separate surveys were conducted, one among employers and one among employees of organisations operating in Ireland and of a size of 50 employees or more. A range of questions relating to social media in the workplace were asked of both groups to allow for an employer and employee perspective to be captured. A total of 200 employers were surveyed via telephone interviews and 500 employees were interviewed online. All interviewing was conducted in February 2013.
More details from William Fry: www.williamfry.ie
Social Media in the Workplace
Linky Trott
Abstract
There is no doubt that most businesses use social media and collaboration tools
such as social business software of some kind or another and embrace the
benefits that these can bring. In a 2009 a global Manpower survey, businesses
identified the main benefits of using social media as; brand building, fostering
collaboration and communication, as way of recruiting new talent, improving
employee engagement and driving innovation.
But there are also risks. This article examines the main legal risks that can arise
in the workplace as between a business and its workforce and considers how
the Courts and Tribunals are responding to social media issues arising in the
workplace.
Introduction
If a business has a concern about the use of social media, a blanket ban is
clearly an option. Whilst that may feel like the most simple approach, it is
unlikely to be practical. Even as far back as 2009, the Manpower survey
observed that “the younger generation consider social media tools as a
Biography
Linky Trott is a Partner at law firm, Edwin Coe. She provides day to day advice on a
comprehensive range of employment issues for established corporate clients including
the negotiation and provision of strategic advice on severance arrangements, bullying
and harassment claims, the management of ill health and capability dismissals, dealing
with allegations of discrimination, collective redundancies and Board disputes.
Linky also undertakes High Court injunctive work to enforce or resist post termination
restraints and the protection of confidential information. Working with Senior
Executives and Board Directors, Linky regularly advises and helps to negotiate terms
of Executive service agreements to include bonus schemes, guaranteed payments and
share options in regulated and non regulated industries. She has provided strategic
advice on a number of successful team moves within the communications and financial
sector acting for both the poaching competitor and the individuals being approached.
Linky also advises on data protection, commercial agents and the Conduct of
Employment Businesses and Employment Agency issues.
Linky sits on the Employment Committee of the Law Society and is Chair on the In and
Around Covent Garden Business Forum. She is also a member of the Employment
Lawyers Association, and has appeared on ITV and Channel 4 commenting on
Employment Law issues arising in the news and is a regular speaker at conferences on
employment issues.
Linky Trott
Partner
Edwin Coe
Keywords Risk, Rewards, Safeguards, Recruitment, Human Rights Act 1998
Paper type Opinion
23 Credit Control
Legal Aspects
prerequisite for doing business” and with generation Y having been in the
workplace for around ten years, it is unlikely that staff will tolerate a blanket ban.
Time wasters
Employers can of course monitor an employe.
see attachedTitle social Media in the work placeWhat is the .docxbagotjesusa
see attached
Title social Media in the work place
What is the advanges and disadvanges of social media in the work place
the effect of social media in the workplace
10 The Enterprise Feb. 1-7,2010
Social media and the workplace Manners and your bottom line
In some social circles,if you aren't "tweeting,"
you're considered disconnected or entirely out of
touch. Certainly, it seems that social networks like
Twitter, Facebook, Linkedin and other Web 2.0
environments have eclipsed comer bars, coffee
houses and country clubs as the common gathering
places for some groups. Take, for example.
Generation Y. By 2010, Gen Y will outnumber
their Baby Boomer predecessors, and 96 percent of
them have joined a social network. What's more, if
Facebook were a country, it would be the world's
fourth largest nation, with 300 million "citizens."
But individuals aren't the only ones socializing
online. Companies are finding a voice within
social networks too. Just a short decade
ago companies were creating inviting Web
sites to allow their constituents to visit
them. Now, many courageous companies
are reaching outside their firewalls
and enlisting social media forums, like
Twitter and Facebook, to actively engage
and directly communicate with their
constituents. Others are generating original
content and encouraging discussion about
their products and services through blogs
and chat rooms on their Web sites. .
But despite the relatively widespread adoption
of social media among companies for purposes
of marketing and PR, many businesses are still
struggling with the " i f and "how to" of allowing
access to social media within the workplace. In
fact, one recent study reported that 54 percent of
companies prohibit any access to social media
networks on the job, and another 19 percent of
companies permit only limited access solely for
business purposes. Why?
Businesses and their management teams
have valid concerns about opening the door,
or firewalls as the case may be, to social media,
but proponents for employees' open access have
equally compelling arguments to counter those
concerns. For example, business leaders worry that
they'll see a decrease in productivity if employees
are allowed to access their Twitter or Facebook
accounts from their office, but others will argue that
access to social media networks actually promotes
productivity because workers can conduct more
thorough research and interact with coworkers and
customers more effectively. Proponents also point
out that workers who are able to tweet during work
hours are more likely to respond to work e-mails or
check voicemail during non-work hours.
Of course, many managers voice serious
concerns about the potential for employees to leak
confidential company information, spread negative
comments about the company or conduct illegal
online activity from the workplace. Certainly these
are real issues for company leaders to consider.
Given the prevalence of social media today,
however, it is beg.
1984 in 2015 Protecting Employees' Social Media from MisuseWendi Lazar
This document discusses employers' increasing access to employees' personal information through social media and other online sources, and the legal issues surrounding employers using this information to make hiring, firing, and promotion decisions. It provides examples of employers denying a promotion due to social media photos, and firing an employee due to hobbies revealed online. While some laws prohibit discrimination, there is no comprehensive protection for employees' personal online activities. The document argues for stronger legal protections to prevent privacy violations and discrimination in the workplace.
William Fry Social Media In The Workplace A Report On Irish Businesses May 2013Krishna De
Social media in the workplace - a report based on research in Ireland conducted in early 2013 by the employment law division of WilliamFry.ie. Access the press release for the report here http://bgn.bz/wfsmr
I have uploaded the report here in the event that the link changes on the William Fry website as it is a helpful report for all HR professionals and senior leaders in Ireland.
Information Technology and EthicsSocial Networking and Business.docxjaggernaoma
Information Technology and Ethics/Social Networking and Business
Job Search
Job searching, job hunting or job seeking is the act of looking for employment, due to unemployment or discontent with a current position. The immediate goal of job seeking is usually to obtain a job interview with an employer which may lead to getting hired. The job hunter or seeker typically first looks for job vacancies or employment opportunities. Traditionally, job seekers used to flip through newspapers, listen to radio advertisements or physically visit companies for job possibilities, The advent of computers and Social Media has changed the way job seekers and recruiters search for jobs or candidates respectively.
Disadvantages and advantages of Social Networking
If anyone were to “Google” your name what would they find? This is what many job seekers should think about before they upload inappropriate content on a social networking websites. Some believe an employer does not have the right to delve into the private lives of their prospective employees. However, prospective employers think differently because what their employees do may have a bearing on how their workers perform, and what employees do on their off time may reflect poorly on the company’s image. Social networking can be helpful to both job seekers and employers; they can begin by starting something that's related to your career interest. Your blog could also help showcase your skills and track you job search. Here are few Do's and Don’ts of social networking.
· Be careful of what you put online. With the power of cloud computing and enormous storage devices, search engines and social media channels are storing tons of information about you, and are they readily available online.
· Be careful of what you write or post online because deleting an 'inappropriate picture' from your social media page like Facebook doesn't mean that the picture will not be found when searched. The social media channels have ultimate power to retain materials posted, and search engines can trace almost anything posted online.
· Creating an online account and posting resumés on job sites like Dice, Indeed, Simplyhired, Beyond, TheLadders, Monster etc. exposes your online presence (your resume) to many recruiters and makes your resumé easily searchable. An online resume should include relevant industry standard 'keywords' to make it searchable.
· Be consistent with your online presence information: be consistent with your experience, education or information your post on different channels, because that can easily bite you. Remember your online presence is a public entity——people can access it anytime——and misrepresenting your experience, education or simply being inconsistent can damage your online credibility. Do frequently "Google" yourself to see your online presence, you might be surprise with the outcome.
· Do not use inappropriate images or party pictures as your LinkedIn profile photo or on your portfolio, becaus.
Chapter 14 The Employee’s Right to Privacy and Management of.docx
Blog is Mightier Than the Sword
1. The Blog Is Mightier
Than the Sword!
Social Media
and the Electronic Employee
By Gloria Myers and Jonathan W. Yarbrough
2. “This is not fair!” shouted the Generation Y
employee who was being terminated because of what
she posted on her Facebook page while at work. “I
know my rights, and you’re violating my rights under the
National Labor Relations Act and my right to privacy,”
she continued. “You can’t do anything to me for post-
ing on my Facebook page and you certainly cannot read
my email! It’s not against the law to use Facebook,” she
cried. The human resources director knew the employee
was surely wrong about any rights under the National
Labor Relations Act since the employer was non-union.
But, concerned about her claims, and not being too
familiar with Facebook, the human resources director
excused herself to call in-house counsel to find out just
what steps she could take against this employee, whose
Facebook postings and emails sent from work dispar-
aged the company and her coworkers.
ACC Docket 115 May 2011
3. ACC Docket 116 May 2011
What dangers does employee use of
social media, such as blogging and
Facebook, pose to employers?
Blogs are easy to write, social media is
easy to use and the internet has immense
reach; hence, employee use of social media
poses a myriad of risks to employers.
Through social media, employees can leak
sensitive information to competitors. The
employee may disparage their employer,
coworkers, supervisors and customers, or
harass coworkers.3
Or, the employee may
unwittingly open the door for action by the
Federal Trade Commission by false and
deceptive advertising.4
These risks can re-
sult in numerous other problems, including
decreased morale in the workplace, the loss
of goodwill with customers, a ruined public
image and legal action.
What can an employer do in response to
employee use of social media?
While some employers may find that the
benefits of permitting the use of social me-
dia in the workplace outweigh the poten-
tial dangers, most employers will find that
some limits should be imposed. Assuming an employer
does not want to give employees carte blanche, what are
its options?
Ban employee use of social media — completely
An outright prohibition may be viewed as heavy-handed
and bad for business. Employees and potential employees
may resent what they see as an inappropriate abridgement
of their rights, and valuable resources may be wasted try-
ing to police an unpopular prohibition. Since most states
are employment at will states, an employer could fire an
employee for blogging. However, in some circumstances,
terminating an employee for blogging could form the basis
for a wrongful termination claim.5
The same could be true
for other statutorily protected activities, such as discuss-
ing compensation with other employees or whistleblow-
ing.6
The federal civil rights laws protect employees from
adverse action based on speech related to employment
discrimination, e.g., workplace harassment, and would
arguably apply to employee blogs.7
Prohibit employees from using social media at work,
or in a manner that harms the employer’s interests
This more moderate option seeks to limit social media
usage only to the extent that it interferes with the employ-
er’s business. Unless there is a clear benefit associated with
The described scene is increasingly more
common in today’s workplace as more em-
ployees turn to various forms of social media
including blogging, Facebook, Myspace and
Twitter. Many do so to keep up with friends
and family, search for an old flame, or simply
network with others. While all this seems
like harmless fun, sometimes an employee’s
use (or misuse) of social media can result
in embarrassment, financial loss and even
liability for the employer, leading to disciplin-
ary action, including termination, for the em-
ployee. Employers, and in house counsel, are
having to deal with a myriad of employment
law issues that arise from the “electronic em-
ployee” and his use of social media and other
forms of electronic communications.
Cyberventing, blogging and my
(employer’s) space
Web 2.0 has allowed for the creation of
new venues for office gossip and complaints
of disgruntled workers. Tales of bad bosses
and outrageous employment practices
spread over the internet by employees who
posted or post on cyberventing websites
including the now defunct www.f**kedcompany.com, and
the still operational www.workrant.com and www.ratemy-
boss.com. With cyberventing seemingly on the wane, em-
ployees have turned to blogging. There are blogs on about
every conceivable subject, including the proverbial taboo
subjects of money, religion and politics. Most troubling for
employers is the “workplace blog” in which bloggers write
about their experiences at work, including their coworkers
and supervisors.
Many employees also use Myspace, Facebook and
similar networking websites. For most people, personal
webpages are nothing more than a fun and easy way to
keep in touch with friends and family.1
However, a signifi-
cant minority reveal a little too much about themselves,
including their sexual proclivities, their prejudices, their
work ethic and even illegal activity. These revelations can
spill over into the workplace.
Because people (especially young people) generally
view personal webpages as a way to socialize, they fail to
recognize the potential ramifications that their postings
may have on their professional lives. For example, a teacher
in Charlotte, NC listed on her Facebook page that she was,
“Teaching chitlins in the ghetto of Charlotte.”2
She intend-
ed to share her comments only with family and friends, and
was surprised to be suspended after this post came to the
attention of her employer.
Gloria Myers is associate
general counsel for Mission Health
System, Inc., in Asheville, NC. She
is a member of the Health Law
Section of the North Carolina Bar
Association, and of the Corporate
Counsel and Medical Staff/
Credentialing Sections of the
American Health Lawyers’
Association. She received her JD
from Catholic University of America
in Washington, DC. She can be
contacted at gloria.myers@msj.org.
Jonathan W. Yarbrough is a
partner with Constangy, Brooks &
Smith, LLP and represents
management exclusively in all
aspects of the employment
relationship. He is a frequent
speaker and does extensive writing
on employment law topics,
including social media. Yarbrough
graduated from the University of
Louisville School of Law. He can be
contacted at
jyarbrough@constangy.com.
4. When it comes to protecting your intellectual property, our
attorneys offer the right combination. We know business.
We know science and technology. We deliver solutions.
ProblemSolved.
Attorney advertising. Prior results do not guarantee a similar outcome.
IP LItIgAtIon, PAtentS, trAdemArkS,
trAnSActIonS, coPyrIghtS
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5. ACC Docket 118 May 2011
exceptions to the ECPA, which would permit an employer to
monitor an employee’s telephonic and electronic communi-
cation activity within the workplace.
The business extension exception permits an employer to
monitor employee communications using telephonic and com-
puter equipment provided to the employee by the employer in
the ordinary course of its business.9
Under this exception, an
employer can monitor the communication until it determines
the communication is personal in nature.
allowing employees to blog or use other social media from
work, most employers will probably choose to prohibit
personal use by employees during work hours and in the
workplace. However, this approach may be too lenient.
Furthermore, trying to specifically list all possibilities
where employee use of social media may affect an employ-
er’s interests is bound to be a losing battle for the employer.
The “third way”— flexibility
Given the practical and legal risks of a complete ban,
and the inadequacy of a “work related only” ban, the best
approach may be to balance the positive aspects of employ-
ee use of social media with appropriate safeguards against
the greatest risks. Employers should establish written social
media policies that alert employees to potential liabilities
and reiterate their obligations to do no harm to the em-
ployer, its employees, customers and clients.
What are the legal issues associated with the
electronic employee?
Returning to the termination of our Generation Y em-
ployee, is it legal for the employer to look at the employee’s
Facebook posting and emails? Does she have a Constitu-
tional right that is being violated by her employer? Does
the National Labor Relations Act really have anything to
say regarding social media? Can an employer monitor an
employee’s Internet use, or review emails sent and received
by the employee using the employer’s computers?
The Electronic Communications Privacy Act of 1986
The Electronic Communications Privacy Act of 1986
prohibits (1) the unauthorized and intentional interception
of a wire, oral or electronic communication while the com-
munication is being transmitted, and (2) the unauthorized
and intentional access and disclosure of electronically stored
wire or electronic communications.8
Email is considered
electronic communication regulated by the ECPA, and there
are different levels of protection for electronic communica-
tions based on whether the communication is in-progress or
“stored.” If a communication is not “stored,” there are three
No employee wants to be “dooced” — the slang word
for someone who is fired for blogging or posting online
information about their employer and coworkers. Heather
Anderson B. Armstrong, whose workplace blogging led
to her firing, offers some very simple advice when writing
about work: “Never write about work on the Internet un-
less your boss knows and sanctions.” (www.dooce.com)
Employers should do more than simply sanction employ-
ees who want to blog or use other forms of social media
— they should have policies and guidelines.
Employers should prepare written policies that
detail both the employer’s and employee’s rights and
obligations while using social media, even when off
duty. The policy can be fairly simple: Don’t violate the
law and use good judgment with what you write. Don’t
try to set out all forms of social media covered under
your policy — if you try to list the various forms, your
list may be outdated by the time you finish typing it. Try
to focus your policy on what employees can do rather
than on what they can’t. However, your policy should
clearly state that employees should not use social media
to harass or disparage employees, customers, clients
and the employer. The employee should be encouraged
to be respectful in online communications — vulgar
or threatening language or defamatory statements
are unacceptable. Your policy should also provide that
employees cannot disclose confidential or proprietary
information online. In addition, since employee produc-
tivity is paramount, employees should be forewarned
against using social media while at work unless it is
part of their job. Employers don’t want to go online and
find Facebook status updates by employees who are
supposed to be working. Your policy should provide that
the employer may access the employee’s computer files
and email messages, and may monitor internet usage,
with or without prior notice. Finally, your policy must be
consistently applied and enforced.
Tips for Successful
Social Media Usage Policies
Despite a widely held
misconception, the United
States Constitution does
not expressly create
a right to privacy.
6.
7. ACC Docket 120 May 2011
postings — after another employee gave managers her
password — criticizing management.15
More recently, the
Supreme Court granted certiorari in Quon v. Arch Wire-
less Operating Co., where the 9th
Circuit held notwith-
standing the city’s policy that it could review electronic
messages on equipment furnished to its employees — the
employee nevertheless had an expectation of privacy be-
cause of the way the policy was implemented.16
Although
the case may ultimately be decided upon whether the
Fourth Amendment law is applicable to that employer,
any action by the court that seems to expand the privacy
rights of employees is likely to have a ripple effect on re-
lated areas such as common law privacy claims. It is also
important to note that several states have laws similar
to the ECPA or SCA, which grant even further privacy
protections to employees.
Constitutional right to privacy
Despite a widely held misconception, the United States
Constitution does not expressly create a right to privacy.
Instead, as set forth by the Supreme Court in Griswold
v. Connecticut, an individual’s right to privacy is derived
from various guarantees contained within the Bill of
Rights. However, the constitutional protection created by
the Fourth Amendment is limited to instances in which
“state action” has occurred. Consequently, in the employ-
ment context, only public sector employees are ordinarily
capable of asserting a constitutional right to be free from
an invasion of their privacy.
Contrary to a right of privacy, which has to be judicially
inferred from the federal Constitution and its Amend-
ments, several states have chosen to expressly provide for
a right of privacy to their citizens within the text of their
own state constitutions. Constitutional rights of privacy in
the employment context vary state by state and are typically
only assertable by public sector employees.
Laws protecting off-duty conduct and the
National Labor Relations Act
Several states have statutes that prohibit employers
from taking adverse employment actions against em-
ployees because of their off-duty legal conduct. Gener-
ally, however, there is no protection for conduct that
creates a conflict of interest; therefore, actions harmful
to the company, such as revealing trade secrets online,
are not covered, and the employer could take action
against the employee.
Recently, however, the National Labor Relations Board
filed a complaint against an ambulance service company
which had fired a driver, in part, the complaint alleged,
because she had posted negative comments about the
company and her supervisor on her Facebook page.17
The
The service provider exception allows the agent of a
communication service provider to intercept, disclose
or use communications transmitted through its service
if the interception, disclosure or use occurs during the
agent’s normal course of employment and the moni-
toring is necessary to render the provider’s service or
for the protection of its property rights.10
Under the
consent exception, an employer may lawfully intercept
an electronic, wire or oral communication where one of
the parties to the communication has given prior con-
sent to such interception.11
Written consent is not actu-
ally required, and may be implied when appropriate
facts and circumstances exist. For example, in Kelleher
v. City of Reading, the court held that the plaintiff did
not have a reasonable expectation of privacy where the
employer notified employees about the employer’s email
monitoring policy.12
Stored Communications Act
The Stored Communications Act (SCA) also protects
communication held in electronic storage.13
A person vio-
lates the SCA if he accesses an electronic communication
service or obtains an electronic communication while
it is still in electronic storage without authorization. In
Pure Power Boot Camp v. Warrior Fitness Boot Camp,
the employer accessed an employee’s personal emails,
which were stored and accessed directly from accounts
maintained by an outside electronic communication
service provider.14
The employee did not send or receive
personal email through the company email system or
computer, and did not give implied consent to search
his emails by leaving his login information stored on
the company’s computers where it could be discovered.
The court held that the employer’s access was unauthor-
ized and violated the SCA, finding that the employee
had a reasonable expectation of privacy in his personal,
password-protected email accounts.
Additionally, in Pietrylo v. Hillstone Rest. Group d/b/a
Houston’s, a jury found an employer liable for compen-
satory and punitive damages to two servers fired after
managers accessed their password protected MySpace
Just because online information
is within an attorney’s grasp
does not mean that accessing
it is always permissible.
8. Informal discovery
With users of social media sharing details about their
lives on an almost-daily basis, access to their disclosures
may provide valuable information in an employment litiga-
tion case. A recent Facebook search of the word “job” in
the “Posts by Everyone” category reveals that: One poster is
quitting his job; one loves her job; one hates her job; and one
is ready to start his first day at a new job. Similar informa-
tion could be relevant to the issues of liability, damages, mit-
igation and credibility if the disclosure is made by a plaintiff
claiming that he was involuntarily terminated, is miserable at
his new job or has not been able to find new employment.
Instead of searching for a witness’s internet disclo-
sures site by site, counsel may consider broader searches,
such as through Google or Spokeo.com. With a Spokeo
subscription, a user can enter a person’s email address
and find that person’s various internet accounts such as
Amazon, Flickr or LinkedIn.
Voluntary internet disclosures create potential pitfalls
not only for employees (as potential plaintiffs) but also for
employers and their managers (as potential defendants)
in employment litigation. For example, a supervisory
employee accused of harboring a discriminatory animus
against Hispanics, and known to actively post comments
employee, Dawnmarie Souza, referred to her boss as a
“17” (the code for psychiatric patient) and used profani-
ties in reference to her supervisor. The NLRB took the
position that Souza’s postings were protected concerted
activity and are no different than if she were talking at the
company’s water cooler (except that the Facebook “water
cooler” has over half a billion users and postings may
exist forever). The NLRB contended that the ambulance
service’s internet and blogging policy unlawfully deterred
protected concerted activity because it prohibited (1)
online disparagement of the company and supervisors, and
(2) any depiction of the company on the internet without
prior permission. This case settled before its scheduled
hearing in February 2011. As part of the settlement, the
employer was required to revise its internet posting policy
so that it did not “improperly restrict” employees from
discussing issues related to their employment outside of
work. The issues presented by this case will continue to be
raised before the NLRB.
Discovery
Attorneys in employment litigation use social network-
ing sites and other voluntary internet disclosures as discov-
ery tools.
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9. ACC Docket 122 May 2011
in political forums, may find that his posts are being scru-
tinized by the plaintiff’s counsel.
Just because online information is within an attorney’s
grasp does not mean that accessing it is always permis-
sible. Blogger Molly DiBianca recently addressed the
issue of an attorney who considered having his agent
try to “friend” a non-party witness after a deposition.18
Specifically, an attorney informed the Professional Guid-
ance Committee of the Philadelphia Bar Association that
he wished to have a “friend request” sent to a non-party
witness whom he recently deposed and who was likely
to grant the request. The attorney stated that his agent
sending the request would only send truthful informa-
tion but would not disclose the reason for the request (to
obtain information useful to pending litigation) or that he
was employed by the lawyer. The committee determined
that the proposed conduct constituted an impermissible
deception that would violate Rule 8.4 of the Pennsylvania
Rules of Professional Conduct.
Formal discovery
Formal discovery of a person’s voluntary internet dis-
closures may be necessary when the information sought
cannot be accessed because of the person’s security
settings or when it would be necessary, and therefore
impermissible, to communicate directly with a party
represented by counsel. Establishing the relevance of
voluntary internet disclosures is particularly easy when
such disclosures are the focal point of the litigation. In
Ranck v. Rundle, a plaintiff claimed that his public sec-
tor employer suspended him in retaliation for one of his
blog entries in violation of the First Amendment.19
Not
surprisingly, there was no discovery dispute regarding
the blog entry at issue.
However there was a different result in Mackelprang v.
Fidelity Nat. Title Agency of Nevada, Inc., where Mackel-
prang sued her former employer and two of its vice presi-
dents, Bowers and Dunlap, for sexual harassment, battery
and several other state tort claims.20
Mackelprang alleged
that both Bowers and Dunlap frequently subjected her to
sexually inappropriate emails and that Dunlap coerced her
into having sexual relations with him so that he would not
fire her husband, who also worked at Fidelity.
During their investigation, the defendants discovered
two MySpace accounts believed to have been established
by Mackelprang — one where she listed herself as single;
the other married with six children. The defendants
subpoenaed MySpace and sought all records for these two
accounts. MySpace refused to produce private email mes-
sages on either account in the absence of a search warrant
or a letter of consent to production by the owner of the
account, which Mackelprang refused to execute.
With growing numbers of employees accessing the
internet at work, it was only a matter of time before
lawsuits followed over employees accessing and upload-
ing pornographic images. IBM was recently sued by a
former employee who was fired for visiting an adult chat
room while at work. Pacenza v. IBM Corporation, 2010 WL
346810 (C.A. 2 NY)(Feb. 2, 2010). The former employee
claimed that he visited chat rooms to treat traumatic
stress incurred during the Vietnam War. IBM claimed that
the former employee, James Pacenza, was fired for visit-
ing an internet chat room for a sexual experience after
having been warned against such activity. Pacenza, who
sought $5 million, sued under the ADA, claiming that he is
a sex addict and an internet addict. Pacenza was unable
to convince a court that his alleged addiction is covered
under the ADA as IBM prevailed on summary judgment.
According to a state court in New Jersey, an em-
ployer who has actual or imputed knowledge that an
employee is using a computer to access child pornog-
raphy, has a duty to investigate and to take prompt
action to stop the unauthorized activity. In Doe v. XYC
Corp., 887 A. 2d 1156 (N. J. 2005), a male employee used
company computers to upload nude photographs of his
stepdaughter to a child pornography site. Notably, a
few years before the employee was arrested on child
pornography charges, the company’s internet services
manager notified the network administrator that the
employee had been visiting pornographic sites, and
later, the employee’s immediate supervisor also notified
the network administrator that the employee had been
visiting inappropriate sites. After complaints from other
employees, the company spoke with the employee, who
stopped his activities for a few months before resuming.
Shortly thereafter, he was arrested.
The court found that because the employer had
actual knowledge of the employee’s use of the computer
for illegal activities, it had a duty to either report the
employee’s actions to law enforcement or terminate
him. While it is unclear whether other state and federal
courts would observe the holding in this case, employers
should take notice of the potential effect of this decision.
Employers are encouraged to monitor their employees’
use of the internet, as permitted by law, and to pro-
mulgate effective computer and internet use policies.
Further, the prudent employer will take prompt and ef-
fective action when it becomes aware of an employee’s
improper activity.
Internet Addiction and
Pornographic Material
10. Notes
1 According to the incomparable Betty White, “Facebook just
sounds like a drag. In my day, seeing pictures of people’s
vacation was considered a punishment.” Saturday Night Live,
NBC Television, May 8, 2010 (Betty White opening monologue).
2 Teacher and Facebook: Privacy v. Standards, Fred Clasen-Kelly,
Charlotte Observer (Nov. 14, 2008).
3 See, e.g., Blakey v. Continental Airlines, Inc., 2 F. Supp. 2d
598 (D. NJ 1998) (Employer had duty to address harassing and
defamatory statements posted by coworkers about female pilot
on electronic bulletin board).
4 16 C.F.R. Part 255, Guides Concerning the Use of
Endorsements and Testimonials in Advertising. (An employer
may face liability from an employee’s endorsements of the
employer’s products or services on social media websites,
even where the employer did not authorize or approve of the
employee’s remarks).
5 See, e.g., Colorado Anti-Discrimination Act, Co. Rev. Stat.
Ann. § 24-34-402.5 (prohibiting employers from terminating
employees who engage in lawful conduct while off duty and off
the employer’s premises).
6 See, e.g., Konop v. Hawaiian Airlines, 302 F. 3d 868 (9th
Cir.
2002) (Airline retaliated against employee for publishing articles
critical of company. Blog was protected concerted activity under
the Railway Labor Act).
Among other reasons, Fidelity argued that access to
the email accounts was justified because they thought
Mackelprang was an active and willing participant
in the sexual conduct about which she complained.
They “firmly believed” that Mackelprang was using
the private messaging functionality on MySpace to
facilitate the same types of electronic and physical
relationships she had characterized as sexual harass-
ment in her complaint. The district court found that
Fidelity raised a suspicion that Mackelprang, after the
end of her employment, may have engaged in sexually
related email communications on the MySpace internet
account in which she listed herself as a single woman
with no children. However, it also found that even if
the MySpace account contained sexually related email
messages exchanged between Mackelprang and others,
such evidence would not be admissible to support the
defense that defendants’ prior alleged sexual conduct
was welcomed by Mackelprang. Consequently, the court
denied Fidelity’s motion to compel.∑
Have a comment on this article? Visit ACC’s blog
at www.inhouseaccess.com/articles/acc-docket.
FIND AND BENCHMARK OUTSIDE COUNSEL.
Leverage your ACC network to make sure you have the best law firm representation available.
• Search for firms that excel in specific practice areas and markets.
• Read helpful comments about firm attributes and value practices.
• Ping reviewers to get more information or initiate direct conversation.
Find counsel. Drive change. Improve value.
www.acc.com/valueindex
ACC Value IndexConnecting Law FirmValue to Client Satisfaction.
11. ACC Docket 124 May 2011
15 Pietrylo v. Hillstone Restaurant Group, 2009 WL 3128420(D.
NJ Sept. 25, 2009).
16 Quon v. Arch Wireless, 529 F. 3d 892 (9th
Cir. 2008) cert
granted sub nom City of Ontario v. Quon, 130 S. Ct. 1011
(2009).
17 American Medical Response of Connecticut, Inc. and
International Brotherhood of Teamsters, Local 443, NLRB Case
No. 34-CA-12576 (Oct. 27, 2010).
18 “Ethical Implications of ‘Friend-ing’ a Witness on Facebook,”
Delaware Employment Law Blog, May 19, 2009.
19 Ranck v. Rundle, 2009 WL 1684645 (S.D.Fla.).
20 Mackelprang v. Fidelity National Title Agency of Nevada, Inc.,
2007 WL 119149 (D. Nev. Jan. 9, 2007).
7 See, e.g., Simonetti v. Delta Airline, Inc., No. 5-CV-2321
(N. D. Ga. 2005)(Flight attend fired for blogging claimed sex
discrimination among other claims).
8 18 U.S.C. § 2510.
9 18 U.S.C. § 2510(5)(a).
10 18 U.S.C. § 2511(2)(a)(i).
11 18 U.S.C. § 2511(2)(d).
12 Kelleher v. City of Reading, 2002 WL 1067442 (E.D. Pa.
2002); But, see Stengart v. Loving Care Agency, Inc., 990 A.
2d 650 (N.J. 2010)(Company policy did not address personal
password protected web-based email accounts accessed on
company computer; employee had reasonable expectation of
privacy).
13 18 U.S.C. §§ 2701-2711.
14 Pure Power Boot Camp v. Warrior Fitness Boot Camp, 587 F.
Supp. 2d 548 (S.D. N.Y. 2008).
ACC Docket
• How You Can Safely Use Social Media with Employees
(April 2010). This article focuses on using social networking
sites during the pre-employment screening stage, and
while monitoring and regulating use by current employees.
www.acc.com/docket/safeuse-socmed_apr10
Leading Practices Profiles
• Leading Practices in Privacy and Data Protection:
What Companies Are Doing (Aug. 2010). This Leading
Practices Profile examines data protection and privacy
practices of six companies and two associations.
www.acc.com/priv&dataprotect_aug10
• Social Networking for Companies: Leading Practices in
Leveraging Social Media for Business, Creating Social
Networking Policies and Using Social Media in Hiring
(Sept. 2009). In this LLP, six companies reveal how they
use social networking tools to transform communications,
market their product, drive innovation and boost employee
morale. www.acc.com/profiles/socialnw-co_sep09
Quick References
• Blogs and Social Media Marketing: Complying with the FTC’s
New Endorsement Guides (March 2011). This resource
focuses on the FTC’s guidelines for online media marketing.
www.acc.com/blogs_ftc_mar11
• Considerations in Drafting Effective Social Media
Policies (Dec. 2010). This quick reference guide
covers information on what social media is, which
social media sites are popular and what unique
challenges companies face when dealing with social
media policies. www.acc.com/draft-smp_dec10
• Data Privacy and Protection: EU as Compared with the
United States (April 2010). This QuickCounsel provides
information regarding data privacy and protection in the
European Union with a comparison to the United States.
www.acc.com/data_eu-us_apr10
Education
• Join us at ACC’s 2011 Corporate Counsel University®
(ccu.acc.com) for an introduction to social media
in the workplace with session 501 – Social Media:
The New Rules of Engagement. Plus, attend ACC’s
2011 Annual Meeting (http://am.acc.com) for a
great selection of sessions discussing social
media and how it affects the legal profession.
ACC has more material on this subject on our website.
Visit www.acc.com, where you can browse our resources
by practice area or search by keyword.
The new GLD button lets you click to copy, print or email
a checklist from certain ACC online resources.
ACC Extras on… Social Media and Data Privacy
12. ACC Europe’s 18th
Annual ConferenceHOW THE IN-HOUSE LAWYER CAN DRIVE THE CHANGING LEGAL LANDSCAPE
29 May-31 May 2011, Berlin, Germany
SESSION HIGHLIGHT
501 A Compliance Challenge - Data Protection
and Privacy
This workshop will examine some of the issues faced by
companies in gathering and processing personal data and
discuss how you can better ensure that your company
complies with national regulations. It will also examine
the European’s Commission’s upcoming review of the EU
Data Protection Directive and recent developments in data
protection statutes in other countries.
Moderators:
• Meike Kamp, Berliner Beauftragter für Datenschutz und
Informationsfreiheit Zentraler Bereich
• Melissa Lea, Chief Global Compliance Officer, SAP AG
• Dr Jessica Jacobi, Fachanwältin für Arbeitsrecht -
Rechtsanwältin; Partner, Kliemt &Vollstädt
ACC: By in-house counsel, for in-house counsel.
®
Once again,ACC Europe brings you a highly relevant and topical
conference with sessions and workshops designed specifically
for the in-house legal profession.Offering a choice of 20 different
workshops,this conference is an unmatched opportunity for
you to network and exchange ideas with your peers in a pan-
European and global perspective.
For more information,please visit www.acc.com/berlin.