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#Lawsuit: Employers’ Rights and Legal Bounds When Drafting and Enforcing Social Media Policies

Social Media Policy Best Practices to Prevent Lawsuits: Understanding Employers’ Rights and Legal Bounds - On-Demand

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Social Media Policy Best Practices to Prevent Lawsuits: Understanding Employers’ Rights and Legal Bounds - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn the legal rights and bounds for employers when developing and managing a workplace policy addressing social media, emoji usage, and more.

The line between on-duty conduct and off-duty conduct is constantly becoming more blurred. And, the continued reach of social media into all aspects of our lives has only magnified that further. From posting not-always work appropriate photos on Instagram to spouting off political opinions on Twitter, everyone who has a mobile phone can now be a journalist or a spokesperson.

As an employer, your organization is in a complicated position. You don’t want to step on employees’ rights or interfere in their personal lives, but their actions have increasingly dangerous potential to drag your organization into uncomfortable positions at best, and into court at worst.

The landscape is getting more complex as new forms of social media gain popularity. Take emojis, for example. These cartoonish, seemingly harmless images carry much more weight than smiley faces and high-fives. Consider what happened to Clorox in 2015 when it sent out a tweet with a picture of a Clorox bottle made up of emojis after Apple released new options, seemingly saying that Apple should have included a bleach bottle. Unfortunately, the new Apple emojis also included new skin tones, and Clorox’s tweet came off as racist.

And, emoji usage is finding its way into workplace communications, too, replacing words and the widespread usage is opening some employers to potential problems. For instance, a seemingly innocent picture of a martini glass or high-fives is open to misinterpretation and could leave plenty of room for potential harassment and discrimination claims.

Use this on-demand webinar to learn the answers to questions like:

  • Can you fire employees for off-duty conduct, or for on-duty conduct that doesn’t reflect the views of your organization as a whole?
  • Must you do so?
  • What are the best practices when it comes to managing employees’ social media usage, both on- and off-duty?

Our presenter, a skilled employment attorney will clearly spell out what social media conduct is legally protected, what conduct is not, and how employers should respond and manage the process during these turbulent times.

You’ll learn:

  • What you legally can and cannot do to monitor and restrict employees’ political or ideological speech in and out of the workplace and on social media
  • What you can legally do to monitor and respond appropriately to employees’ postings to social media, emails, and intranets that you believe violate the code of conduct
  • Where the boundaries lie when it comes to employees who include your organization in their social media posts
  • What the increase in emoji usage means to you as an employer
  • When employees code-of-conduct violations could spark discrimination, harassment, or negligence claims against your organization
  • The legal landmines you could face for taking action against an employee for expressing religious, political, or ideological views
  • How to draft and enforce your code-of-conduct and social media policies so it serves as a tool for protecting your company’s interests without crossing the legal line
  • And much more!

About Your Presenter:

Miranda Watkins, Esq.Miranda Watkins, Esq.
Fisher Phillips LLP

Miranda Watkins is an associate in the Fisher Phillips San Diego office. Her practice includes counseling and defending employers in all areas of labor and employment law. Before joining Fisher Phillips, Ms. Watkins worked as an associate attorney for a national law firm, focusing on employment and general civil litigation matters. During law school, she served as a law clerk for an administrative law judge at the U.S. Equal Employment Opportunity Commission (EEOC). There, her work focused solely on federal employment discrimination matters.

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