...Smyth vs. Pillsbury 1996 The Smyth v. Pillsbury 1996 case is one concerning cyber law. The plaintiff, Smyth, stated he was wrongfully terminated by The Pillsbury Company due to public policy and the right to privacy. Smyth utilized the company’s email system and sent emails to his supervisor from home. These emails contained “inappropriate and unprofessional” comments concerning the defendant. (Michael A. Smyth v. The Pillsbury Company, 1996). The courts found that the termination was not violating any privacy laws. The courts applied the case of Borse v. Piece Goods Shop, Inc. 1992 to the Smyth case. In the Borse case, the courts found that someone who intentionally intrudes on another either physically or by some other manner, which concerns their private affairs, to be held liable if this intrusion is considered highly offensive to any reasonable person. (Sarah Borse vs. Piece Goods Shop, Inc., 1992). The email communication between Smyth and his supervisor was done voluntarily by Smyth, he had done so on his own free will. The second assumption by the courts is that there is no assurance that emails sent over the company system would not be interrupted by others. The third notion is the email system is used companywide so the expectation of these staying private is lost. (Samson, 2013). The courts stated that the interested of the company preventing illegal activity, inappropriate and unprofessional comments over the email system outweighs the privacy interest of any...
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...The Social Media Impact on Personnel Law 1 The Social Media Impact on Personnel Law Jimmy Palacios Webster University – Irvine, CA The Social Media Impact on Personnel Law 2 Instructor: Ronald Monard, Esq. Abstract Online social networking is viewed by many as the next new paradigm in personal, professional and organizational networking and marketing. However, as they relate to the employees of today’s workforce and their respective employers, the rules are still be written. This paper will explore a two cases where social media has tested the boundaries of today’s laws and businesses HR practices. As companies continue to draft employment policies around the usage of social media, the enforcement of these polies will continue to shape the landscape of social media’s impact on personnel law. The Social Media Impact on Personnel Law 3 Social Media Social Media is the social interaction among people in which they create, share or exchange information and ideas in virtual communities and networks. Social media is heavily dependent upon mobile and web-based technologies that allow companies and individuals to communicate and collaborate. The net result if a fundamental shift in the way organizations, professional communities and individuals work together. One thing is for certain – today’s business climate is on that is extremely competitive. How to leverage the Internet in ways that are unique to you and your business is one of the key areas to establishing a competitive...
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...2013/14 Survey Social Media in the Workplace Around the World 3.0 Proskauer Rose LLP | Prior results do not guarantee a similar outcome | Attorney Advertising About Our Survey We are proud to present Proskauer’s third annual global survey about social media use in the workplace. As in previous years, in addition to our survey results, in collaboration with select law firms across the world, we have included a brief summary of the law from around the world, including significant recent developments. Please note that the information provided in this survey is not intended to be, and shall not be construed to be, the provision of legal advice or an offer to provide legal services, nor does it necessarily reflect the opinions of the firm, our lawyers or our clients. No client-lawyer relationship between you and the firm is or may be created by your access to or use of this survey or any information contained in it. Proskauer Rose LLP (Proskauer) is not obligated to provide updates on the information presented herein. © Proskauer Rose LLP. All Rights Reserved. Social Media in the Workplace Around the World 3.0 When we published our first survey in 2011, there was a sense of novelty and even mystery about social media usage in the workplace. There was a strong perception that social media and business did not mix. The art of harnessing social media for business lacked the sophistication and prominence that it now has. Today, business use of social media is mainstream. This shift from...
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...present an exhaustive list or discussion of the laws that may be implicated by an employer’s social media policy. Considering rapidly evolving social media technology and legislation, any such discussion would risk being outdated. Thus, employers with or considering social media policies should consult an attorney to ensure that their policies are consistent with existing (and rapidly evolving) laws affecting social media. With this caveat in mind, the following non-exhaustive list of guidelines provides a general framework for an effective employer social media policy and its implementation: * Employers with social media policies must ensure that their policies do not prescribe employee social media use protected by the NLRA. As a general rule, the policy cannot restrict employees from using social media to discuss the terms and conditions of their employment. Discussions on social media by employees are considered “concerted activity” and thus a policy restricting such discussions would constitute an unfair labor practice under the NLRA. * Employers should know that any ambiguity in a social media policy is construed against them. Broad polices are therefore at higher risk of violating the NLRA because they are more likely open to differing interpretations. If an employee could reasonably construe a provision in a social media policy to prohibit using social media to discuss the terms and conditions of employment, the policy does not comport with the NLRA. Policies...
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...Strong Comp. II 22 February 2015 McKie-Defeat or Defend Do you use any source of social media to share things with your “friends”? Is there someone whom you know to be a little questionable on your “friends” list? Are you using social media to create a network for future employment? The answer to these questions can help us better understand the unintended consequences for some of the personal information, which we choose to share through social media and the web. With the increased use of sites such as Facebook, Twitter, and Instagram there is a greater threat that the simple things you share on these sites can lead to catastrophic consequences in our lives. The information which you share can truly been seen by anyone. Yes you may have your privacy set where that only ‘friends’ can view things you post yet those ‘friends’ have the right to use the information you share anyway they want. What you post as a status, share from another site, and the pictures that you share of yourself or others can have unintended consequences for either yourself or that “friend”. The unintended consequences affect more than just our personal lives but the lives of our family members. Brad Stone describes the risks associated with sharing personal information on the web in “Web of Risks”, I will further defend his claim with cases where the consequence have been unexpected (Stanley). Information shared on social media sites can render criminal charges brought upon you, used to bring criminal charges...
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...Challenges to Implementing New Policies in the Workplace with regards to Social Media Introduction There are many benefits that social media has brought and continues to bring to the corporate world but there are also many drawbacks that organizations face due to the risks from its use. I believe that it can be proactively managed for organizations to protect its reputation while providing its employees with the proper tools to manage their own personal and business manners with regards to social media. The intent of this report is to demonstrate the challenges to implementing new policies in the workplace with regards to social media. Policies Policies are principles, rules, regulations, guidelines, and/or laws that are adopted by organizations to assist them in reaching their long-term goals. They are designed to influence and determine all major decisions and actions that are expected in the workplace. They state what is to be done, who is to do it, how it is to be done and for whom it is to be done. Company policies are important because they define the company’s responsibilities and duties, to both its staff and its clients. These policies are also in place to define the company’s expectations and standards. Many policies are used to illustrate the company’s compliance with certain laws and regulations. Most companies have polices and procedures already in place, they mainly choose only necessary policies that ensure a safe, organized and nondiscriminatory work place...
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...WARSAW SCHOOL OF ECONOMICS Internet privacy policy: violations and regulations. Social media context Natalia Wójcik Index number: 51149 1 TABLE OF CONTENT 1. Introduction………………………………………………………………………….3 2. Theoretical background…………………………………………………………...4 3. E-commerce and e-marketing influence on privacy violations…………….5 4. Social networking, Web 2.0……………………………………………………….7 5. Social media privacy policy………………………………………………………8 6. Privacy policy concerns based on a particular social media example….13 7. Process of implementation of social networking regulations…………….17 8. Conclusions and final remarks…………………………………………………22 9. Bibliography………………………………………………………………………..24 2 1.INTRODUCTION Throughout the last 20 years the role of the Internet has grown enormously is every individual’s life. The Internet has its roots in 1960, when the US government attempted to build robust, fault-tolerant and distributed computer networks. However, the beginning of the worldwide process of Internet expansion may be dated to 1980 and was triggered by the development of new networking technologies and mergers of many less significant networks with the financial support of the National Science Foundation and other private commercial funding. This led to further advancement in technological improvements and their incorporations as well as wider participation of ordinary users all over the world. The Web rapid expansion reaches back to the 90’. According to the Internet World Stats:...
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...In the recent years the popularity of social media has soared, while these technologies present great opportunities for employees, they also have the potential of legal pitfalls. With all the various advances in technology it is making it easier for people to transport and afford computers and tablets, coupled with the propagation of social media it is rapidly changing the way people communicate. People are afforded the opportunity and means to communicate with their family, friends and even strangers, which until recently were not available. New social media predominantly Facebook, Twitter and LinkedIn have revolutionized not only the way people communicate but also how business is conducted. Employers are now using social media as a way of recruiting and marketing. Due to the large number of users to these social networking sites, it makes it easier and more attractive for recruiters to find a possible source of hire. According to Mello (2012), as of December 2011 Facebook had over 80 million users where half of whom logged on to the site daily and the other half logged on using their mobile device. In the United States alone, there are over 20 million users to Facebook which is two thirds of the user population (New York Times, 2012). According to Social Network and Employment Law (2012), the volume of communication continues to expand for Twitter with over 30 million participants to their site; the article goes on to state that LinkedIn has over 30 million...
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...Assignment 1: Employment -At-Will Doctrine J W Professor Augustine Weekley LEG 500 Law, Ethics, and Corporate Governance February 2, 2014 Summarize the employment-at-will doctrine and evaluate each of the eight (8) scenarios described by determining: · Whether you can legally fire the employee; include an assessment of any pertinent exceptions to the employment-at-will doctrine. · What action you should take to limit liability and impact on operations; specify which ethical theory best supports your decision. At-will employment is a common practice often confused with other employment laws. With the exception of employees under contract and many public sector employment relationships, at-will employment means an employee or employer can end the working relationship at any time for any reason. At-will employment means the employment relationship between employee and employer is not permanent. Strong job performance, perfect attendance and record sales figures cannot guarantee job stability. However, a downward spiral in the economy or organizational changes can almost guarantee changes within employment relationships. At-will employment is most appropriately defined as an employment relationship that can end at any time, for whatever reason as long as the employer does not base the termination on discriminatory reasons (Mayhew, 2012).Employment at will is a legal rule that developed in the nineteenth century, giving employers unfettered power to “dismiss...
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...SETA survey of representatives in Tribunal cases 2008 t Research Paper Workplaces and Social Networking The Implications for Employment Relations ns Ref: 11/11 2000 1 0 Andrea Broughton, Tom Higgins, Ben Hicks and Annette Cox (The Institute for Employment Studies) For any further information on this study, or other aspects of the Acas Research and Evaluation programme, please telephone 020 7210 3673 or email research@acas.org.uk Acas research publications can be found at www.acas.org.uk/researchpapers ISBN 978-1-908370-07-5 Workplaces and Social Networking The Implications for Employment Relations Andrea Broughton Tom Higgins Ben Hicks Annette Cox Prepared for Acas by: Institute for Employment Studies Sovereign House Church Street Brighton BN1 1UJ UK T: 01273 763400 F: 01273 763401 www.employment-studies.co.uk Copyright © 2009 Acas The Institute for Employment Studies The Institute for Employment Studies is an independent, apolitical, international centre of research and consultancy in public employment policy and organisational human resource issues. It works closely with employers in the manufacturing, service and public sectors, government departments, agencies, and professional and employee bodies. For 40 years the Institute has been a focus of knowledge and practical experience in employment and training policy, the operation of labour markets, and human resource planning and development. IES is a not-for-profit organisation which has over...
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...Employment-At-Will Doctrine Introduction Employment-At-Will is a common legal doctrine that an employment contract of indefinite duration can be terminated by either the employer or the employee at any given time for any reason. In essence, an employer can discharge an employee for any reason which can be good, bad, or no reason at all. At the same time, the employee is equally free to cease work at any time without giving a reason to the employer. This doctrine of Employment-At-Will has been well established in the American legal system since the 19th Century, but nowadays employers find it confusing and with potential liability. This paper will provide different scenarios where employees’ behaviors trigger the Employment-At-Will ruling and how the newly hire Chief Operating Officer (COO) should address these scenarios following the company policies and the law to limit the company’s liability, as well as, the Whistleblower Policy. Scenarios Scenario 1 John posted a rant on his Facebook page in which he criticized the company’s most important customer. In my opinion, the COO has grounds to fire John because there are several clauses in the employee handbook that talk about the limitations on sharing information of the company and its customers on social media such as Facebook. Specially, if John has placed the name of the company in his profile. John can be terminated immediately due to his critics against the company’s most important customer because this could lead...
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...companies monitor their employees’ social media?” and come up conclusions and recommendations. We have separate the report into four parts to discuss, they are employees’ rights, employers’ rights, the impact of social media and the importance of social media. At the end we think employers should only monitor employees if employers have enough reason to believe their employees engaged in illegal posting with inappropriate information about their job. Table of contents Contents Honestly Declaration 1 Executive Summary 2 Table of contents 2 1.0 Introduction 3 2.0 Procedure/methodology 3 3.0 Findings and Analysis 3 3.1 The importance of social media 3 3.2 The impact of social media 5 3.3 Employees’ rights 5 3.4 Employers’ rights 6 4.0 Conclusions 7 4.1 The importance of social media 7 4.2 The impact of social media 7 4.3 Employees’ rights 7 4.4 Employers’ rights 8 5.0 Recommendations 8 5.1 The importance of social media 8 5.2 The impact of social media 8 5.3 Employees’ rights 9 5.4 Employers’ rights 9 6.0 Referencing 10 1.0 Introduction Carole Chamberlain request on March 16, 2015 on research the topic of “should companies monitor their employees’ social media” by written. The report is due on April 7, 2015. 2.0 Procedure/methodology The sources of the report were gathered from 16 - 29 March 2015. The topic of “should companies monitor their employees’ social media” was researched online and from...
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...SOCIAL MEDIA IN THE HIRING PROCESS Preeti Khare Central Michigan University Human Resource Management MGT-643 Dr. Edward Ward 3/29/2015 Introduction Employers can use Social Networking Websites (SNWs) in two ways when hiring: to recruit candidates by publicizing job openings, and to assess potential candidate’s profile including attitude, behavior, personality and qualifications. Kluemper and Rosen (2009) examined the feasibility of whether the information available on these SNWs really helps to improve the employment selection decisions. They asked 63 raters to rate candidates on intelligence, performance and the Big Five personality traits. They found that based solely on viewing social networking profiles, judges were consistent in their ratings across subjects and were typically able to accurately distinguish high from low performers. In addition, raters who are more intelligent and emotionally stable outperformed their counterparts. Given this reliability of assessment, SNWs such as Instagram, My Space, Facebook, and Linked In with hundreds of millions of profiles could be gainfully deployed in hiring decisions. Not surprisingly SNWs have become extremely popular and useful in the hiring process these days. However, use of SNWs in hiring does not come without accompanied costs and risks. Scholars argue that the use of SNWs increases the chances of decisions being affected by unrelated information such as race, gender, origin, nationality and may increase the risk...
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...HIPAA and Social Media Lolita Stanton January 27, 2013 National Louis University HCL 430 Social media has taking the world by storm. Face book, My Space, Twitter, and many more are connecting people of the world to one another. In the article “Social Media and HIPAA Compliance”, the author takes a look at the rules that govern HIPAA and social media. HIPAA is an abbreviation for the Health Insurance Portability and Accountability Act. HIPAA was signed into law by President Bill Clinton. HIPAA is a federal law that contains strong rules that regulate the use of disclosure of (PHI) Protected Health Information. PHI is considered to be any information that contains health status, provisions of health care or payment for health care that can be linked to an individual. If a person feels like their rights have been violated, they can file a complaint with the Department of Health and Human Services or the office for civil rights. If a health care provider is found guilty of a HIPAA violation, the person will pay a monetary penalty. This articles main focus was to show how social media can play a positive roll if used correctly by healthcare providers and patients. Many Bariatric patients have found comfort in the social media sites. Some institutions use social media to form forums to help patients. Social media sites can be used for support groups. It is always helpful when you can find someone...
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...Freelancers vs full time hires need to be considered * Good economic situation in the UK means that lots of companies hire which means high competition will affect the hire and HR process. Therefore less people are available. Benefit competition will affect financials. Recruitment process needs to be reviewed and adapted * Taxes increasing * Ads prices are increasing * Raw material`s prices increasing | Sociological | * New employees have a new way of what they expect when entering the market place * Higher demanding and less willing to work hard * Due to the demographics and high competition in London the company has to adapt in the recruitment process * Behaviours of employees also change in respect to how they live with social media also in the work place –...
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