Search Site
Menu
7041 Koll Center Parkway, Suite 240 | Pleasanton, California 94566
Social Media & Employment Law

How Does Social Media Affect Employment Law?

Receive knowledgeable advice from experienced Pleasanton attorneys

Chances are that a large portion of your workforce uses some form of social media. The activities and comments your workers make on social media sites, however, may be protected. When dealing with negative statements made about you or your business on Facebook or Twitter, it is always in your best interests to consult with a skilled lawyer. The Garcia & Gurney, A Law Corporation lawyers have considerable experience in this relatively new and complicated area of employment law. We can review your case and determine the best course of action for you to take.

Union workers and concerted activity

According to the National Labor Relations Board, “employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities.” It should also be noted that the NLRB extends certain rights — specifically the right to engage in concerted activity — to non-union workers.

Concerted activity vs. one irresponsible worker

A nonunion employee’s concerted activity is also protected by the National Labor Relations Board. Concerted activities are those designed to benefit the common interests of employees. In the context of social media, statements, posts and replies made about you or your business may be concerted activity if other employees are involved. Social media sites are essentially a secondary water cooler and are fast becoming a place where employees are able to complain about the conditions of their employment.

Thus, before you take disciplinary action against a worker for a Facebook rant against your company, you should consult with the Pleasanton employment lawyers at Garcia & Gurney, A Law Corporation. We can carefully assess your case to determine if concerted activity exists or if a single irresponsible worker is solely at fault. Depending on the nature of the comments made by your employee and whether another one of your employees corresponded with him or her, you may or may not be able to take action.

Dedicated counsel for California employers

As an employer, your focus is on reducing liability and increasing profitability. When an employment issue hinders your ability to operate your business, Garcia & Gurney, A Law Corporation is  ready to provide you with knowledgeable counsel. For help with a labor and employment issue or other business law matter in and around Alameda and Contra Costa Counties, contact us today by phone at 925-468-0400 or online.

Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form

Awards/Affiliations
Events and News
  • "New Laws for 2018November 15, 2017"

  • "E-Contracts & E-Signatures: Benefits and PitfallsOctober 18, 2017"

  • "Protecting your IPAugust 9, 2017"

  • "Medical Marijuana & Employment: The Do’s and Don’tsJune 28, 2017"

  • "Medical Marijuana & Employment: The Do’s and Don’tsApril 10, 2017"

Client Testimonials
  • "Melinda Garcia came very highly recommended by two colleagues who raved about her expertise and assertiveness. She and her team are extremely responsive and help us navigate the legal challenges of our consulting business. We're thrilled to have Melinda on our side!"

  • "Melinda Garcia was wonderful to work with. She is an outstanding listener and has a great memory for details and personal information.... which makes one feel very comfortable and welcome. I would highly recommend her to anyone not only because of her outstanding abilities but because of the compassion she eludes in dealing with an individual's issues/concerns."

  • "Highly recommend! I was in need of urgent help with an employment matter and Melinda Garcia came through for me the same day. She fit me in for a consultation within hours of my call and read my documents prior to our meeting. She was thorough, attentive to my needs, knowledgeable, professional and above all very comforting."

  • "Melinda Garcia provided me excellent advice in resolving an employment agreement related to an acquisition of the company I worked for. She is very knowledgeable, asked me what I wanted to achieve with her services, provided excellent service to achieve those goals, and was very cognizant of fees. I recommend her for employment related services."

  • "Melinda Garcia provided excellent guidance with an employment/compensation case. Her knowledge of employment law, and strong negotiation skills, brought the case to a successful conclusion."

  • "Melinda Garcia has done an excellent job assisting us as we established our small business. From incorporation to contract negotiations, Melinda Garcia and her staff were outstanding"