The National Labor Relations Board (NLRB) filed a complaint regarding a company which took action against an employee who had posted unfavorable comments about the company on her Facebook page. See my prior post about this case. The NLRB and the employer have now settled that case. As part of the settlement, the company agreed
The New Frontier: Social Media
By Thomas J. Crane on
Posted in General
Social media is that new frontier we always hear about – or one of them anyway. Some lawyers are still trying to understand the limits. One lawyer in South Florida was upset about a judge, who he believed was circumventing the speedy trial requirements. So, he posted a blog entry about a judge. The judge…
Facebook Becoming Essential to an Employment Lawsuit
By Thomas J. Crane on
Posted in Litigation and trial practice
The first thing one defense lawyer does when he is hired for an employment case is check the employee’s Facebook account. See blog post. Eric Meyer, a defense lawyer, looks for references to the work place or the employer. He prints out any pictures. He looks for any information that refutes or refers to…
Legal But Not Wise to “Friend” a Subordinate
By Thomas J. Crane on
Posted in General
Dan Schwartz, an employer’s lawyer, wrote a piece about social media. He presents talks on social media and is often asked "is it legal" to "friend" a subordinate? Dan replies, and I agree, that it may be legal, but it may not be prudent. A teacher who "friends" students and employers who friend employees can…
Burglar Posts Goods on Facebook
By Thomas J. Crane on
Posted in General
So, you burglarize someone’s home. If you are also a Facebook user, you might just post a picture of yourself with your ill-gotten gains on FB. That’s what one burglar did. See report. The burglar stole money, an ipod, a laptop and a man’s new winter coat from the home of Marc Fisher, a…
Facebook Helps Solve a Crime
By Thomas J. Crane on
Posted in General
“Facebook” “sexual assault”…
Continue Reading Facebook Helps Solve a Crime
Juror Removed for Posting Jury Result…. Before the Trial was Over
By Thomas J. Crane on
Posted in Litigation and trial practice
Trial lawyers treat jurors with kid gloves. We are extra polite, extra respectful in regard to those citizens who perform their civic duty without complaint. The pay is low, yet their service is invaluable. But, what do you say when a juror violates one of the basic requirements of jury duty? A trial is a…
Judge Orders Facebook Updates to be Produced
By Thomas J. Crane on
Posted in Litigation and trial practice
In a recent decision, a federal court in Southern indiana ordered two plaintiffs to turn over their Facebook entries, wall postings, photos, groups joined, etc. See report. Mike Maslanka reports that the EEOC filed suit alleging sex harassment on behalf of two women. See EEOC v. Simply Storage Management, LLC. The Court…
Hiring Managers Rely on Online Information
By Thomas J. Crane on
Posted in General
Microsoft commissioned a study which found last December that 70% of hiring managers and job recruiters rejected at least one job applicant based on information the employer acquired online. See report. The survey was posed to managers and recruiters in the US, Germany and the United Kingdom. Watch those Facebook entries…..
Employers Incur Risk if they Pursue Action Against an Employee for Off-Duty Web Comments
By Thomas J. Crane on
Posted in General
Facebook is now the third largest country in the world. That is, if each user of Facebook was a citizen of a country, then that country would be the third largest. Facebook, Myspace, Linked, the list of social media web sites grows longer each year. Blogging grows leaps and bounds every year. Cases in which…