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#You're Fired @Will: Social Media and Employment Law

SKU: EMPL750
Total Credits
1 - 1.2
Price$50
  • Online Access
  • Smartphone
  • iPad/iPod/Tablets
  • CDs/DVDs

Description

Employees talk about everything on social media. Their supervisors. Their clients. The pitch they worked on all night. While many of these comments are harmless, some violate workplace rules or threaten company interests.

But disciplining employee social media communications is not as easy as it sounds - even in "employment at will" situations. State and federal law protects certain types of online speech. In addition to the subject matter of the comments, you have to consider where and when the employee posted, and other factors. A mistake in discipline can put you in legal hot water.

Topics include:

  • Laws governing employee social media communications
  • When Facebook, Twitter and other social media posts are protected
  • Recent decisions on social media-based employment terminations
  • Distinguishing off-duty conduct from on-duty conduct
  • Weighing disciplinary action
  • Avoiding retaliation claims
  • Elements of a legal and effective social media policy
  • And much more

Lecturer Bio

Wendy Stryker, Esq.

Wendy Stryker is counsel to the Employment and Litigation Groups at Frankfurt Kurnit. She represents marketing services agencies, media companies, tech startups, and other sophisticated corporations and individual executives in New York State and Federal courts and before administrative agencies and self-regulatory organizations.

Ms. Stryker effectively plays the role of outside general counsel. She has extensive experience guiding media, advertising and publishing clients through sensitive matters, including hostile work environment claims, use of freelancers, and the application of child labor laws to child actors and models. She advises on a wide variety of day-to-day employment issues as they arise, including discrimination, employee classification, wage and hour, employee discipline, employee use of social media, background checks, interview questions, identity and work authorization issues, and requests for accommodations. She regularly performs on-site training for client staff and reviews and drafts agreements and policies, including handbooks, offer letters, nondisclosure agreements, restrictive covenants, and employment and severance agreements.

Ms. Stryker has also successfully handled litigation and administrative proceedings for executives and some of the world’s best-known marketing services agencies and sophisticated corporations. She recently settled — promptly and on good terms — a sex discrimination case brought by a former creative director against one of the world’s most famous advertising agencies. Her recent work also includes successfully defending an international company with offices in 20 states against employment-related allegations including age discrimination, disability discrimination, and sexual harassment, and successfully defending various employers against claims alleging breaches of restrictive covenants. Ms. Stryker has been interviewed by Forbes, Variety magazine and SiriusXM and has been quoted by The New York Post.

In addition to her employment practice, Ms. Stryker’s litigation experience includes advertising, trademark and copyright, entertainment, First Amendment, and general commercial litigation matters.

Ms. Stryker is a member of the Board of Directors of the New York Civil Liberties Union and is a member of the NYC Bar Association Labor and Employment Law Committee. She performs a significant amount of Pro Bono work, including recent successful representations of two New York City tenant advocacy groups, helping them to defeat on First Amendment grounds a landlord’s effort to ban their community service efforts.

Ms. Stryker is a graduate of the University of Pennsylvania and New York University School of Law. Prior to joining Frankfurt Kurnit Klein & Selz, Ms. Stryker was a law clerk to the Honorable Michael H. Dolinger, United States Magistrate Judge for the Southern District of New York. She is admitted to practice in New York.



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