Can an Employee be Fired over a Social Media Posting?
Learn when you can discipline or fire an employee for social media posts, what the NLRB and state off-duty conduct laws say, and how to write a compliant social media policy.
Speaker
Stuart Silverman
Employment attorney · Law Offices of Stuart M. Silverman, P.A. · Nearly 30 years practicing law
Overview
Most social media posts that get employees into trouble come down to poor judgment. This webinar on firing an employee over a social media posting explains what employers need to consider before taking action.
You'll see how defining poor judgment, with non-exhaustive examples in job descriptions, and training staff may reduce harmful posts better than discipline after the fact. The session reviews disciplinary options for posts on sites such as Facebook, LinkedIn and Twitter.
You'll also look at NLRB actions against employers who fired workers over posts, the legal issues the NLRB may raise about your social media policy, state laws that protect lawful off-duty conduct, case law and mistakes to avoid, and how to write a legally compliant policy.
Why attend: Social media brings business benefits but also security and legal risks, and relatively little case law exists to guide employers. Terminating someone for what they post can run into several laws at once. This session helps HR professionals, in-house and general counsel, managers, business owners and CEOs understand those laws and know what to check before terminating an employee for social media comments.
What’s covered
- State laws that can cause problems if you fire an employee for an off-duty post
- Disciplining employees for posts on sites such as Facebook, LinkedIn and Twitter
- Legal issues the NLRB could raise based on your social media policy
- NLRB actions against employers who fired employees over posts
- Case law and mistakes to avoid
- Creating a legally compliant social media policy
- Best practices to protect your organization
Who should attend
What you get
About the speaker
Stuart Silverman has been practicing law for almost 30 years and is the principal of the Law Offices of Stuart M. Silverman, P.A., located in Boca Raton, Florida. The emphasis of his practice is in the area of labor and employment law, and business and commercial litigation. Mr. Silverman has represented both private and public employers, as well as individual employees in a whole host of complex business disputes and employment settings at administrative levels, and state and federal trial and appellate courts. His extensive employment litigation experience includes claims under age, race, sex discrimination, wage and hour claims, whistleblower and retaliation claims, ADA and FMLA claims, public employee's claims, as well as disputes under employment contracts, non-compete agreements, trade secrets disputes, and partnership breakups. Mr. Silverman is a frequent speaker on his areas of practice.
Mr. Silverman is also a member of The Workplace Violence Prevention Institute (WPVI), a group formed to investigate solutions and strategies from a proactive and systemic perspective to minimize the risk of workplace violence, specifically violence caused by employees or former employees. He earned his B.A. degree, with high honors, and his J.D. degree from Rutgers University. Mr. Silverman is admitted to The Florida Bar and the U.S. District Court for the Southern District of Florida.
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