Tuesday, May 21, 2013

Another Social Media Concern for Employers: Vine!

The Wall Street Journal's Law Blog has a short article on the new social media smart phone application, Vine, which is an app that allows people to make 6-second videos and post like a tweet on Twitter or a picture on Instagram, and how it may be of concern for employers.

Apparently, if you do a search of keywords like “hatework” or “bored” or “work” into a Vine search box, fellow law blogger and employment attorney Daniel A. Schwartz says he quickly pulled up a number of clips showing employees doing things that would make their bosses cringe.

The National Labor Relations Board ("NLRB") has been attacking employers' social media policies and while some videos may be considered protected activity under the National Labor Relations Act ("NLRA") just like some tweets and Facebook statuses have been deemed in many cases, Vines displaying employees clearly violating workplace policies and engaging in misconduct only provide direct evidence for grounds to terminate an employee and embarrass them should they pursue subsequent legal action.  It is also probably going to be another area of discovery requests for management-side lawyers as well.

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