Nancy Gunzenhauser Popper, Lauri Rasnick, and Susan Gross Sholinsky Co-Author Article in Corporate Counsel's American Bar Association Litigation Section

Social media has turned public pressure campaigns into a fast-moving threat for employers.

A single viral post can bring calls for someone's firing within hours, and how a company responds can matter as much legally as it does publicly.

Nancy Gunzenhauser Popper, Lauri F. Rasnick, and Susan Gross Sholinsky, Members of the Firm in the Employment, Labor & Workforce Management practice of Epstein Becker Green, co-authored Someone Wants Your Employee Fired: What (Not) to Do in Corporate Counsel's American Bar Association Litigation Section.

The authors describe a rise in organized online campaigns pressuring employers to fire workers over public remarks or social media posts. Employers have paid at least $2 million this year to settle claims tied to terminations made under this kind of pressure, and one group has flagged more than 50,000 posts it considers grounds for dismissal.

The article walks through the questions employers should work through before acting: who is complaining and whether the forum is public or private; the nature and context of the content, including where and when it was posted and whether company time or devices were involved; the employee's seniority and any tie to the company's name; and how the employer has handled similar situations before.

The authors caution that firing someone to satisfy public pressure can expose an employer to discrimination or retaliation claims, and they recommend looping in legal counsel before deciding. They suggest that "...now may be a good time to revisit handbooks and update relevant policies, including those around social media, professional conduct, discrimination and harassment, and violence. It could also be prudent to train the personnel that may find themselves in the position of handling such demands, so that they know what to do when that email or social media tag arrives."

Staff Attorney Elizabeth Ledkovsky contributed to the preparation of this article.

Get in Touch

To learn more about this topic, contact Nancy Gunzenhauser Popper at npopper@ebglaw.com, Lauri F. Rasnick at lrasnick@ebglaw.com, or Susan Gross Sholinsky at sgross@ebglaw.com.