In the recent case of Game Retail Limited v Laws, the UK Employment Appeal Tribunal (or “EAT“) considered the fairness of an employee’s dismissal for offensive tweets. This is the first time this issue has been considered at EAT level. The EAT found that the dismissal was fair, even though the Twitter account was not linked to Mr Laws’ employment, and his posts were made in his own time.
Following a growing trend among states, Ohio recently introduced legislation to bar employers from requiring current or prospective employees to provide access to their private social media accounts, such as Facebook and Twitter. Although to date Maryland is the only state with a law on the books prohibiting employers from requiring or requesting access to a current or prospective employee’s private social media accounts (Maryland’s law does not go into effect until October 1, 2012), approximately a dozen other states are considering similar legislation, including California, Delaware, Illinois and New York. Click here for a list of the state bills. READ MORE