An assistant manager posts this on his Facebook page: “I was in a strategy meeting yesterday, and I can’t believe there are this many stupid people in one place.” What is management’s right to discipline the employee for this posting? Can his boss require him to remove it? What are the legal implications of counseling him concerning that posting?

Social media has complicated the management of employees and their relationships with co-workers, raising a host of legal issues for in-house counsel. The array of ways in which employees can communicate electronically has increased geometrically. Now, employers face managing employee communications via Twitter, Facebook, Instagram and LinkedIn. To this dynamic, add the availability of affordable personal computing devices that allow employees to communicate with others every minute of the day and night, including while at work.

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