In a major development in the ongoing investigation into a widespread fraud involving staged accidents with tractor-trailers, Jovanna Gardner, one of the central figures, has agreed to a plea deal with federal prosecutors. Gardner’s decision to plead guilty to conspiracy to commit witness tampering and cooperate with investigators marks a critical juncture in this high-profile
Employee Social Media Use: Employer Best Practices
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Social Media is here to stay. As businesses adopt and implement social media into their own operations, there remains uncertainty as to how the private social media accounts of existing or potential employees should be used. When evaluating your social media policy regarding employees and potential employees you should keep the following points in mind:
- Employers cannot use social media to take an action which is otherwise prohibited by equal employment laws. For example, if an employer learns by reviewing an employee’s social media page that the employee is a member of a certain religion, the employer cannot fire or discipline the employee because of that religion. Conversely, if an employee is making disparaging remarks based upon a protected status (ie racist remarks, etc.), those types of statements may very well warrant disciplinary action. For employers in Missouri and Illinois, applicable state and federal laws prohibit retaliation for the exercise of protected rights. Employers considering adverse employment activity because of a social media post of an employee or potential employee should always ensure that the reason underlying the decision does not violate employee rights as identified in the Missouri Human Rights Act, the Illinois Human Rights Act or their companion federal statutes.
- Employers should be careful in disciplining employees for disparaging the employer if that disparagement relates to the terms and conditions of employment. The National Labor Relations Act protects employees who are engaging in concerted conduct for the mutual benefit of others. This standard has been very broadly construed and can even include expletives directed toward management depending on the content.
- Employers should adopt a legally compliant policy which outlines the way in which social media will be used during the hiring process. While the Fair Credit Reporting Act does not prohibit the use of social media, there are other legal risks to doing so. Employers should ensure that screening the social media of applicants is done pursuant to a uniform set of objectives which do not relate to race, gender, or other protected class status to avoid disparate treatment liability.
Please note that this article is a general summary and does not attempt to cover your specific situation or detail the obligations you have under state or federal law. Natalie Higgins is a labor and employment lawyer based in St. Louis, Missouri. She represents employers in all facets of litigation as well as providing consulting and training services to employers who want to proactively manage their employee litigation risks. Questions about your business to improve its discipline policy? Contact Natalie at natalie@hugheslawyersllc.com.
