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Responding to Negative Employee Comments on the Web

Gain an understanding of strategies needed to address negative employee social media.

Employees' social media postings can severely damage the employer's interests. Due to their insider status, employees' criticisms of a company, even if unfounded, tend to carry weight. Employees can also disclose damaging insider information - from trade secrets to sensitive personal data. Confronted with negative employee social media activity, many employers take a scorched earth approach, which may not only generate more negative publicity, but also lead to legal liability for the company. This topic covers options for more effectively combatting the risks posed by employee social media activity and the legal concerns shaping those options. The information discusses employee discipline and implementing employee social media policies while reducing risk related to the National Labor Relations Act, particularly in light of the National Labor Relations Board's new stance on social media. The information also examines effective tactics to take down social media postings. Other options covered include lawsuits, counter-posting, and de-escalating social media feuds. At the end of the topic, you will have a tool kit of strategies to address negative employee social media.

Runtime: 90 minutes
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Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Most Damaging Types of Negative Employee Social Media Activity:

  • Criticisms of the Employer, Including Defamation
  • Embarrassing Posts: Revelations of Company Incompetence or Wrongdoing and Illegal, Offensive, or Otherwise Inappropriate Employee Behavior
  • Disclosures of Confidential Business Information
  • Data Breaches of Sensitive Personal Information

Options for Combatting Negative Employee Social Media Activity:

  • Social Media Policies and Employee Discipline
    • Key Provisions and Strategies
    • National Labor Relations Act
    • National Labor Relations Board (NLRB) Opinions and Guidance
    • The NLRB's Developing Stance Under the New Administration
    • OffDuty Conduct Laws
    • Risks Related to Discrimination Laws
  • Requests to Take Down or Modify Social Media Postings
    • Requests to Employee
    • Requests to Social Media Site
    • Communications Decency Act
    • Digital Millennium Copyright Act
    • Fair Use Considerations
  • Investigations of Social Media Activity
    • Strategies and Technical Tricks, Including Social Media Downloads and IP Address Matching
    • Stored Communications Act
    • Wiretap Laws
    • Privacy Torts
    • Social Media Protection Statutes
  • Lawsuits
    • Defamation
    • Invasion of Privacy
    • Other Claims
  • Responding on Social Media
    • Public and Employee Relations Issue
    • Asymmetrical Nature of Communications on Social Media
    • DeEscalating Social Media Feuds
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Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on March 16, 2018.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Zoe Argento

Zoe Argento

Littler Mendelson P.C.

  • Member of Workplace Privacy and Data Security Group at Littler Mendelson, P.C., the world’s largest labor and employment law firm
  • Practice emphasizes all aspects of workplace privacy and data security
  • Regularly presents on social media and the workplace
  • Widely published on internet law, including articles published in the Yale Journal of Law & Technology and Columbia Journal of Law & Arts
  • Co-author of Littler on Employee Monitoring
  • Winner of The Burton Award for best law firm writer
  • Taught internet law at University of Colorado Law School and Roger Williams University School of Law
  • Certified Information Privacy Professional
  • J.D. degree, Boston College Law School; B.A. degree, Harvard College
  • Can be contacted at [email protected] or https://www.littler.com/people/zoe-m-argento
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Product ID: 402990
Published 2018, 2019
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