Workplace Investigations: Using Social Media Legally & Effectively while Limiting Risk

webinar Workplace Investigations: Using Social Media Legally & Effectively while Limiting Risk

You Will Learn:

  • Key restrictions under state social media laws
  • Legal pitfalls to avoid when conducting discrimination investigations in the workplace
  • When you can and cannot ask for an employee’s passwords
  • Employee privacy dangers and what defines a ‘Reasonable Expectation of Privacy’
Watch the pre-recorded web conference
$269.00
 

Can you use that Facebook update, Instagram post, "snap" or "tweet" as evidence in a workplace investigation?

Employees’ social media activities frequently play an important role in workplace investigations. Yet, when investigating harassment, discrimination or other employee-related claims employers must be aware of specific laws that can restrict employers’ access to an employee’s social media accounts and posts.

To date, twenty-five states have enacted strict legislation restricting employers from accessing the social media accounts of employees or prospective employees.

What does this mean for employers? No matter how serious the investigation, one peek at an employee’s social media could compound an already complicated situation.

Learning Objectives

This information-packed webinar explores what employers need to know about using social media in internal workplace investigations, and offers best practice solutions for conducting workplace investigations legally and effectively.

  • Key restrictions under state social media laws
  • Legal pitfalls to avoid when conducting discrimination investigations in the workplace
  • How to conduct compliant discrimination / harassment / threat / defamation investigations
  • When you can and cannot ask for an employee’s passwords
  • What employee conduct the National Labor Relations Board (NLRB) protects and the finer points of the guidelines it has provided
  • Employee privacy dangers and what defines a ‘Reasonable Expectation of Privacy’
  • Discussion of cases where social media was misused
  • Broader implications for using social media in applicant screening / hiring
  • What multi-state employers must consider when drafting social media policies for investigations
  • Steps to take right away to be sure your current social media and investigation practices and policies are compliant

Product ID: 13499

Bonus Material

Your webinar includes the top-selling guide Conducting Internal Investigations – a $347 value – absolutely FREE!

Jam-packed with compliance guidelines, this 70 page guide will arm you with the knowledge you need to properly conduct internal investigations from complaint to closure.

  • When Do You Need to Conduct an Internal Investigation?
  • Investigative Policy for Your Organization
  • Investigation Process
  • Preparing for the Investigation
  • Conducting the Investigation
  • Collect Evidence
  • Witness Interviews
  • Post-investigation Process
  • Handling Specific Situations

This essential guide also includes finger-tip access to sample materials and relevant policy information, including:

  1. Sample Investigative Policy
  2. Investigative Process
  3. Sample Questions
  4. Sample Report Guidelines
  5. Tips for Successful Investigations

Discover How to Use Social Media Legally & Effectively when Conducting Workplace Investigations!

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Faculty

William A. Nolan,
William A. Nolan,
Partner, Barnes & Thornburg LLP

William A. Nolan serves as the managing partner of Barnes & Thornburg LLP's Ohio office, which he opened in 2009. He is a member of the firm's Labor and Employment Law Department. He works to bring attentiveness and clarity to bear on employment, contract, and other disputes, and helps clients build teams, policies and processes to minimize the frequency and severity of disputes.

Bill's litigation and trial work includes covenant not to compete and trade secret cases in federal and state courts throughout the country. He regularly defends employers in discrimination and discharge lawsuits and administrative proceedings, and is experienced in wage and hour, contract and tort litigation, and arbitrations and mediations.

Tina A. Syring
Tina A. Syring
Partner, Barnes & Thornburg LLP

Tina A. Syring is a partner in Barnes & Thornburg LLP's Minneapolis office and a member of the firm's Labor and Employment Law Department.

As a former human resources director and in-house counsel, Tina uses her experience to counsel employers on labor and employment issues with a business focus. Tina works with employers in addressing complex issues such as social media issues; executive terminations; allegations of harassment or discrimination; wage and hour strategies; whistleblower complaints; and long-term succession planning. Tina helps clients navigate through wage and hour audits by the Department of Labor and Affirmative Action program reviews by the Office of Federal Contract Compliance Programs.

Continuing Education Units

  • hrci

    HRCI – Receive 1.25 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.

    “The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification credit.”

  • shrm

    C4CM is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.25 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.

Discover How to Use Social Media Legally & Effectively when Conducting Workplace Investigations!

Get it on demand now

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