Another possible claim an employee may bring if an employer fails to follow discipline or termination policies is a breach of contract claim.
State laws vary in evaluating whether a handbook is a contract.
Information gathered from social media can be used in the hiring process with some limitations (ie: an employer cannot use information from social media to determine your age, race, disability, religion, national origin, or gender and discriminate based on those facts).But in general, an employer can fire you for having a personal website or blog that it deems inappropriate, with very limited exceptions.If an employee does not follow the internal procedures outlined by the policy they may not be able to pursue a claim in court.These types of policies include inter-office dating policies and anti-nepotism (policies that prohibit or limit situations in which employer and employee relatives can work at the company).For example, employers may monitor e-mail from the work e-mail address provided to you, or monitor any e-mail stored on your work computer and only two states, Connecticut and Delaware, require employers to notify employees that their e-mail is being monitored.
It is important to note that you can generally be fired for not following internet usage policies or if the employer finds your internet usage unacceptable.However, these types of policies may be illegal if they have the effect of prohibiting employee action that is protected by Section 7 of the National Labor Relations Act (NLRA) such as “concerted activity” for the purpose of collective bargaining, mutual aid or protection. counter to promoting teamwork;” - language prohibiting conduct that “impedes harmonious interactions and relationships;” - language prohibiting “negative or disparaging comments about the . Non-Compete and Arbitration clauses are common in employment contracts and are generally legal and binding.In a recent NLRB decision, , the majority of the board ruled that certain employer policies were unlawful because they were overbroad in that the language could encompass protected Section 7 activities, or could “reasonably be construed to (explicitly) prohibit expressions of concerns over working conditions[.]”Unlawful language in the employer’s policies included: - “Verbal comments or physical gestures directed at others that exceed the bounds of fair criticism;” - “behavior that is. While an employer cannot technically force you to sign a non-compete agreement or an arbitration clause, they can legally choose not to hire you or to terminate you if you refuse to sign the agreements.A policy like this would tend to discriminate against women who took time off due to pregnancy or employees who were sick or otherwise temporarily disabled.Individuals negatively affected by a policy like this could potentially file a lawsuit against their employer.(b) My social media accounts are private- Can my employer demand access to my account or base employment decisions off of my profile?