Employment Law In New Jersey Essay

Length: 4 pages Sources: 3 Subject: Careers Type: Essay Paper: #14691571 Related Topics: Workers Compensation Law, Employment, Federal Laws, Privacy Laws
Excerpt from Essay :

Employment at Will Policy: Exceptions to the Rule

The notion of 'at will' employment reflects the fact that by law employees can be fired from any job for any cause, good or bad, depending on the whim of the employer, barring a written employment contract (Muhl 2001:3). There are specific exceptions to this policy which vary from state to state. But in the case of John, the employee who posted a rant on his Facebook page, there are a number of NJ state precedents of allowing employers to fire employees for posts made on social media. A garbage collector in Maplewood, N.J. was fired for complaining on his public Facebook page about having to clean up "after a two-day concert, blaming the mess on liberals who rant about green living and then pollute the parks, and launched a tirade against Obama, gays and liberal politics" (McDonnell 2014).

Also, in the case of Ehling v. Monmounth-Ocean Hospital Services Corp. The plaintiff Deborah Ehling brought a suit against her former employer for her comments on her private Facebook page, "access to which was limited to her Facebook friends" (McDonnell 2014). One of Ehling's Facebook friends and coworkers (obviously a loose use of the word 'friend') showed the post to her employer. "Ehling sued, contending Monmounth-Ocean Hospital Services Corp.'s access to the page violated the Federal Stored Communications Act (SCA) as it applied to social media. The SCA is part of the Electronic Communications Act of 1986, which protects private communications transmitted and stored electronically" (McDonnell 2014). But "the District Court held in favor of the employer, finding Ehling's co-worker was an intended recipient and that his authorization to the employer to view his page was sufficient" (McDonnell 2014).

However, under the federal laws such as the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) has found discussions of employee "terms and conditions of employment" to be protected under current labor relations law (McDonnell 2014). Making personal remarks about a company's major client on Facebook would not seem to fall under provisions related to John's terms and conditions of employment and if his rant was on his public Facebook...

...

New Jersey prohibits potential or current employers from demanding employee's passwords to social media ("Can potential employers ask for my Facebook password," 2015). So unless the post was public or explicitly delivered to the employer by a fellow employee that was one of John's friends online, it is possible that it could be found that John had an expectation of privacy in the format in which he posted the rant. In such instances, from a utilitarian ethical perspective it might be better for the company to suggest to employees how to keep their private opinions protected online, versus attempting to 'snoop' on them and mire itself in a potential legal quagmire. Even if it emerged victorious and was able to fire John, the bad publicity for the company might not be worth the battle and ultimately do the company and its employees more harm than good.

On the other hand, even though it was posted in a public format, Ellen's complaints in her blog would almost certainly be protected under law. Ellen is specifically complaining about the "terms and conditions of her employment" and even if her comments are rude and nasty, they are protected under the National Labor Relations Act (NLRA) so long as they solely relate to her own, personal employment (McDonnell 2014). Firing Ellen could result in a lawsuit for the organization; thus, the organization should at least attempt to address Ellen's concerns through mediation vs. attempting to threaten her into shutting down her blog or forcing her to leave the organization. The only ambiguity under NJ law is whether complaining on social media constitutes a sufficient claim of disagreement as delineated in Pierce v. Ortho Pharmaceutical Corp., 84 N.J. 58 (1980) which found that "the employee must express disagreement with a corporate policy, directive or decision based on a clear mandate of public policy" and that it is "a sufficient expression of that disagreement to…

Sources Used in Documents:

References

Can potential employers ask for my Facebook password? (2015). Nolo. Retrieved from:

http://www.nolo.com/legal-encyclopedia/can-potential-employers-ask-facebook-password.html

McDonnell, S. (2014). Like it or not, employees can say what they want on social media.

Philadelphia Technology Review. Retrieved from:
http://www.bizjournals.com/philadelphia/blog/guest-comment/2014/02/like-it-or-not-employees-can-say-what.html
http://www.bls.gov/opub/mlr/2001/01/art1full.pdf
Zuckerman, E. (2015). Employment law and highly compensated employees. Zuckerman & Fisher. Retrieved from: http://www.zuckfish.com/articles/highly-compensated-employee/


Cite this Document:

"Employment Law In New Jersey" (2015, August 02) Retrieved January 23, 2022, from
https://www.paperdue.com/essay/employment-law-in-new-jersey-2152881

"Employment Law In New Jersey" 02 August 2015. Web.23 January. 2022. <
https://www.paperdue.com/essay/employment-law-in-new-jersey-2152881>

"Employment Law In New Jersey", 02 August 2015, Accessed.23 January. 2022,
https://www.paperdue.com/essay/employment-law-in-new-jersey-2152881

Related Documents
New Jersey Childsupport Program New Jersey Childsupport
Words: 1870 Length: 7 Pages Topic: Children Paper #: 1537760

New Jersey ChildSupport Program New Jersey ChildSupport Children of immigrant parents who do not have papers that authorize residency in the United States are vulnerable to losing support or receiving support erratically. In 2007, the Office of Immigration Statistics under the Department of Homeland Security estimated that over 11.8 million unauthorized immigrants were residing in the United States. American courts are increasingly confronting cases involving the custody of children where one of

Employment Law - Transgender Discrimination
Words: 2180 Length: 8 Pages Topic: Women's Issues - Sexuality Paper #: 11244179

In fact, the argument could easily be made that individuals with transgender tendencies who do not pursue gender reassignment procedures are more prone to chronic depression and to other natural consequences of their repressed feelings about their true identities that could potentially affect their ability to fulfill their vocational obligations optimally (O'Neil, et al. 2008). Conversely, the evidence strongly supports the conclusion that transgender individuals who undergo the sex

Employment Law in Vietnam Summary of Minimum
Words: 2320 Length: 8 Pages Topic: Careers Paper #: 64593249

Employment Law in Vietnam Summary of Minimum Statutory Entitlements Annual Leave Maternity Leave Form of Contract Termination Discrimination Laws Data Privacy Legislation The Mandatory Social Security Fund Employee Compensation Summary of Visa Requirements www.mayerbrownjsm.com This booklet provides general advice only and should not be treated as a substitute for legal advice. While care has been taken to ensure that details are correct, no responsibility can be taken for losses arising from the reliance upon its contents. Should you have any

New Jersey Police Departments Human Resources Comparision
Words: 402 Length: 1 Pages Topic: Careers Paper #: 63202791

Police HR Comparison Hazlet Township http://hazletpba.com/ The Hazlet Township's police department does not have formal human resources or hiring policy published on a website. However, the police force in this area seems to have a strong labor union known as the Hazlet Township Police Benevolent Association (Hazlet Township P.B.A.). This organization was founded in 1969 and is very active in the local community. It is reasonable to believe that becoming a member of

Business Risk in Human Resources Employment Law
Words: 1566 Length: 6 Pages Topic: Paper #: 208616

Introduction Employment law in Human Resources (HR) is one of the most important areas of concern for businesses, as firms can be held liable for a number of infringements and may put themselves open to suit if they fail to abide by employment laws, which cover everything from compensation to discrimination.  It is HR’s responsibility to know what the laws are and how to protect the firm from potential violations of

New York Public Sector Vocational
Words: 4492 Length: 16 Pages Topic: Careers Paper #: 71100105

CBVH then continues to work with VESID to assess performance on an ongoing basis, participate in on-site reviews, and provide technical assistance or recommend adjustments to contracts as needed. In the near century that these agencies have been in place, they have worked together in their efforts to assist those with disabilities to find employment. The current supported employment delivery system has allowed all eligible individuals with the most significant