Social Media and the Modern Workplace: How Online Speech Has Transformed the Legal Landscape (Audio Only)

Social media has transformed the way that employers, employees, and potential employees communicate about the workplace. There are, however, legal implications for this social media activity. For example, if an organization decides to conduct online research regarding an applicant, what are some potential pitfalls of which it should be aware; and how might an organization structure such research to mitigate associated risks? Once a candidate becomes an employee, employers also must be mindful of the role that social media can (and, depending on the circumstances, should) play in an investigation involving alleged workplace misconduct. In this digital age, when employees can now publicly air grievances to many people who are miles away, may an employer discipline an employee for the employee’s social media post? And post-employment, how has social media changed an employer’s ability to protect its trade secrets?  

This course will address many of these issues, including the ethical rules that in-house and outside counsel conducting social media research might trigger. 

Learning Objectives:

1. Identify potential issues concerning employers’ and employees’ use of social media
2. Outline the legislation and case law that are applicable to social media usage in the employment context
3. Discuss methods to mitigate risk when engaging in social media activity or researching this activity