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Social Media



byRobert A. Poklar
Weston Hurd LLP - Cleveland Office

August 10, 2012

Previously published on July 2012

As you know, in the past year, this author has written two articles regarding social media. Recently, I received a call from an attorney in another state asking advice on a problem where a salesperson was texting to potential customers. Some issues arose regarding the context of the texts. Thereafter, we entered into a general discussion as to what safeguards his client had taken with the employees relative to parameters for usage of social media during and after work hours. As I have stated in prior You Auto Knows, employers can discipline employees for violations of a social media policy. However, there are multiple issues and a myriad of laws which can be broken by disciplinary action. Specifically, the EEOC and National Labor Relations Board complaints. Let's look at a couple of examples from some of the NLRB advice memos. In these scenarios, you can change the employee position and make it a salesperson or service person in a dealership.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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