Foley Of Counsel Mark Neuberger discussed social media considerations in employment law in an article that appeared in the South Florida Business Journal on December 23, 2011. In the article titled “Social media considered a digital smoking gun in emerging legal cases,” Neuberger says that employers are using social media for pre-employment screening as well as to monitor employee behavior outside the workplace. He adds that the National Labor Relations Board has established guidelines to determine when social media commentary is considered protected or unprotected speech, noting that employers can potentially get into trouble when these guidelines are enforced in unequal measures.
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