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Tag Archives: employment

Facebook “Like” is Protected First Amendment Speech

I don’t often make predictions on legal outcomes, so when I do and I get it right, it’s worth sharing.  In May, we talked about whether “liking” a candidate would constitute protected speech under the First Amendment.  A district judge in Virginia ruled it was not.  The Fourth Circuit Court of Appeals recently reversed in … Continue Reading

You “like” me, you really “like” me – Looking at the legal effect of Facebook likes and friends

Is liking something expressive activity protected by the First Amendment?  Does being a Facebook “friend” create the appearance of impropriety requiring the judge to recuse himself from the case?  Leave it to Facebook to make us answer these questions.
You don’t like me, you just want my coupon . . .
The Fourth Circuit Court of Appeals is … Continue Reading

Don’t Rail on Your “F**** Idiot” Employees on the Net

No one likes to be sued.  It may make you mad enough that you want to scream and holler on the Internet.  There is a reason, however, a lot of lawyers recommend not commenting on personnel issues and pending litigation.
Take a lesson from Coyote Ugly that does not involve dancing on the bar.  The lesson is — … Continue Reading

Texas Leg Watch 2013: Will Texas Prohibit Employers From Asking for Social Media Passwords?

Democratic Texas State Representative Helen Giddings filed a bill prohibiting employers in Texas from asking for social media passwords from applicants and current employees.  Texas joins a long list of states that have either passed or proposed similar legislation. 
On December 21, 2012, HB 318 was pre-filed.  Democratic State Senator Chuy Hinojosa filed the exact bill with the Senate as SB 118.  … Continue Reading

NLRB says what to include and not to include in your social media policy

Federal agencies are not shy about enforcing alleged violations of their policies after the fact.  From these enforcement actions, lawyers are supposed interpret the results to advise their clients on how to avoid the same fate. 
In the past, the NLRB even summarized some of the cases for us in its second report on social media in the workplace.  … Continue Reading

Houston CFO Fired for Social Media Activity

The Houston Chronicle reported today the CFO of Francesca’s was canned because he posted information about the company on Twitter and Facebook.
We have discussed the legality of firing employees for their social media conduct in detail (part one and part two).  In short, in at will state like Texas, you can fire someone for a good … Continue Reading

Facebook Firings and Social Media Policies – Part 2

In the last post, we talked about whether you could fire someone for their Facebook posts.  We used the NLRB’s recent social media memorandum discussing 14 cases as a guideline. 
Today, we discuss social media policies.  Why should I have one and what should I have so they don’t get me in more trouble?
Why Have One?
I … Continue Reading