Social Media and Disciplining Employees: What Employers Need to Know

Date(s) of Presentation
Thursday, March 22, 2012

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Supplemental documents and sample policies


Program Description

Over the past year, the National Labor Relations Board (NLRB) has aggressively publicized complaints and settlements involving employers who have disciplined their employees for engaging in various types of social media activity.  Both union and non-union employers need to be aware that some employee social media activity and postings that, in the past, may have justified discipline may now be protected activity under federal law.  During this webinar, legal expertsfrom around the country will discuss the effects of the NLRB’s latest guidanceon employers, what can be done to prepare and implement a policy that will withstand a legal challenge, and how to successfully defend a claim of wrongful termination for violating your policy.  Specifically, the speakers will focus on: 

  • The NLRB's new and aggressive view of social media communications as possible protected activity, even if a company is not unionized
  • Drafting a viable and legal Social Media Policy, including the do’s and don’ts
  • Employer liability for monitoring and disciplining employees who use social media communications outside the reach of the NLRA
  • The power and pitfalls of using social media in litigation discovery 


  • Adam S. Forman, Moderator, Partner, Miller, Canfield, Paddock and Stone, P.L.C., Detroit, MI
  • Stephen E. Brown, Shareholder, Maynard Cooper & Gale, P.C., Birmingham, AL
  • Kristine J. Dunne, Counsel, Arent Fox Kintner Plotkin & Kahn, PLLC, Washington, DC
  • Carl Crosby Lehman, Partner, Gray Plant Mooty, Minneapolis, MN
  • Jonathan G. Pappasideris,Shareholder, Ray Quinney & Nebeker P.C, Salt Lake City UT
  • Ginger D. Schroder, Partner, Schröder, Joseph & Associates, Buffalo, NY