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BT Currents - Hot Topics in Employment Law

28 Apr Can Employers Terminate an Employee Because of Vacation Photos Posted to Facebook?

  It is no secret that employers can and will make employment decisions based on employee social media postings—but will those employment decisions hold up in court? In a recent case, Jones v. Gulf Coast Health Care of Delaware, the Eleventh Circuit held that an employee could proceed on a claim for retaliation under the Family and Medical Leave Act (“FMLA”) following his termination for posting vacation photos to his Facebook.   Rodney Jones worked at Accentia Health and Rehabilitation Center of Tampa Bay. Mr….

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21 Nov Using an Employee’s Social Media Posts to Prove Laziness? Think Again

  Is it permissible for an employer who is subject to an unpaid overtime claim to request an employee’s social media postings over a three-year period? The U.S. District Court for the Middle District of Florida found such requests to be overly broad, unduly burdensome and unreasonable.   A sales representative sued her employer for uncompensated off-the-clock work. During discovery, the employer, Orange Lake Country Club, requested the following information from the employee:   All online profiles, postings, messages (including, without limitation, tweets, replies, retweets,…

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06 Jun Employers Need Not Tolerate Workers Screaming On the Electronic Street Corner Terminating Employees For Offensive Remarks On Social Media

Over the last few days, the news media have widely covered Bank of America’s decision to fire one of its employees for posting this on the employee’s personal Facebook page:   I hate Facebook for this reason you f***ing n****rs.  And yes, if [you] can call each that well I can too.  ‘F***ing n****r go back to Africa. Get over your pity party. You created this hatred and your own kind that brought your great-great-parents [sic] over here and sold them.  ‘Do something with your…

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24 Nov The Viral Spiral: How An Employee’s Facebook Post Dragged Her Employer Into A Social Media Controversy

  Instances of deplorable racism have sparked recent protests on the University of Missouri’s campus. Not surprisingly, these protests have received a significant amount of media attention. On Nov. 13, 2015, however, the world’s attention shifted to the horrific terrorist attacks in Paris. We have since been inundated with 24-hour news coverage on developments related to the war on terror.   Following the Paris attacks, the Washington Times released a story explaining how University of Missouri protestors had taken to Twitter to express disappointment with…

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20 Nov EMOJI-GOSH! How Emojis in Workplace Communications Can Spark A Lawsuit (Or Make It Harder To Defend One)

Emojis. They are the colorful cartoon images that are built into nearly every mobile device. They are hugely popular. At this very moment, thousands of communications containing these images are bouncing off satellites. In fact, they are so prevalent that an emoji has taken the title of Oxford Dictionaries’ “Word of the Year.” Yes, you read that correctly. An emoji – not a word – was handed this year’s title.   Why should this craze be of interest to employers? Well, we will set the…

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