Effective Strategies for Reducing the Legal Exposure Arising from Employees' Use of Their Personal Social Media Accounts

August 15, 2023

Access the on-demand webinar here. 

This program will consist of a substantive presentation followed by a question and answer period. To ensure that questions are answered, attendees are encouraged to submit their questions in advance of this webinar.

Social media has revolutionized how we interact and communicate with each other. With the click of a button, we can instantly share our thoughts, opinions, and ideas with thousands of people. Seemingly, regardless of the time of the day or where we are, we are all connected in some form or fashion to multiple social media platforms.

Although businesses have tremendously benefited from social media by using it for a variety purposes (e.g., marketing, recruiting, public relations, etc.), all that glitters is not gold. The pervasiveness and convenience of social media have given rise to a litany of employment law issues for employers based on information their employees shared via their personal social media accounts. Consider the following examples:

  • Is an employer liable if it is aware that an employee is sexually harassing a co-worker through social media?
  • Can an employer terminate an employee for making disparaging social media posts about the employee’s supervisor?
  • What can an employer do if it discovers that an employee has made multiple inappropriate or offensive posts with which the employer does not want to be affiliated? 
  • Do employees have a right of privacy for posts they make to their personal social media accounts? Does it matter whether the posts were made from a company-issued device or during work hours?

You may be surprised to learn that employers have faced lawsuits for wrongful termination, defamation, discrimination, harassment, breach of confidentiality, and violations of various federal laws (such as the Fair Credit Reporting Act or the Health Insurance Portability and Accountability Act) for statements that their employees have made from their personal social media accounts while off of the clock.

In this webinar, we will discuss the types of legal issues that employers may face from their employees’ use of social media. We will examine some real cases to gain a better understanding of why employers were found liable (or not liable) for their employees’ social media posts. And, we will discuss the best practices that employers can implement to limit their legal exposure from their employees’ social media usage, including how to draft an effective social media policy.

Please note: This webinar is offered as a complimentary product to all Employment Law and Human Resources Compliance and Training Package holders. For more information on the training package, click here or Contact Us.


Target Audience

  • Human Resources Managers and Staff
  • “C-Suite” Leadership: CEOs, CFOs, CMOs, COOs, and CCOs
  • Directors and Supervisors
  • Compliance Officers
  • Risk Managers
  • In-House Legal Counsel

Learning Objectives

After this webinar, you will be able to:

  • Identify the potential legal issues that employers may face from their employees’ use of social media
  • Understand the key factors that courts consider to determine whether an employer should be held accountable for their employees’ social media posts
  • Implement best practices to proactively reduce legal exposure
  • Draft a comprehensive and effective social media policy to mitigate potential liability arising from employees’ social media usage
Course summary
Available credit: 
  • 1.00 Certificate of Attendance
  • 1.00 SHRM - PDC
Course opens: 
Course expires: 
Event starts: 
08/15/2023 - 1:00pm EDT
Event ends: 
08/15/2023 - 2:00pm EDT

H. Scott Johnson Jr.

As of September 2023, H. Scott Johnson is no longer with the firm.

H. Scott Johnson Jr. is Senior Counsel with the firm in the Employment Law, Government Contracts, Litigation, Federal Grants, and Health Care practice groups. Scott maintains an active practice advising business and institutional clients on employment matters, commercial agreements, government contracts, and risk management. In addition to his corporate practice, Scott is also well-regarded for his employment and complex civil litigation practice. His complex civil litigation experience includes representing businesses in a wide variety of contract disputes and business torts including tortious interference, breach of fiduciary duty, civil conspiracy, defamation, fraud, and misappropriation of trade secrets. 

Professional Development Credits (PDC)

Participants can earn up to 1.00 PDC.

Feldesman Tucker Leifer Fidell LLP is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP® or SHRM-SCP® recertification activities.

Participants can earn up to 1.20 CPE credits in Specialized Knowledge and Applications upon completion of all course requirements.


If you purchase CPE credit for this webinar you must satisfy the following conditions in order to receive your certificate:

  1. Answer at least 3 of the 5 polling questions during the webinar
  2. Complete the evaluation survey after the conclusion of the webinar or in the follow-up email

Upon completion of these requirements, FTLF will email you your CPE Certificate within two (2) weeks.


  • Prerequisites: None 
  • Target Audience: Human Resources Managers and Staff; “C-Suite” Leadership: CEOs, CFOs, CMOs, COOs, and CCOs; Directors and Supervisors; Compliance Officers; Risk Managers; In-House Legal Counsel
  • Advanced Preparation: None  
  • Program Level: All
  • Delivery Method: Group Internet Based
  • Attendance Requirements: In order to be awarded the full credits, you must respond to three (3) out of five (5) polling questions.

Feldesman Tucker Leifer Fidell LLP is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website www.nasbaregistry.org (formerly www.learningmarket.org).

Available Credit

  • 1.00 Certificate of Attendance
  • 1.00 SHRM - PDC


Please login or register to take this course.

This program will consist of a substantive presentation followed by a question and answer period. To ensure that questions are answered, attendees are encouraged to submit their questions in advance of this webinar.

Access to the recorded version of this webinar is included in your purchase.


The recorded version of this webinar will be available within seven (7) business days after the conclusion of the live event. You will have access to the recording for 90 days after the live webinar has concluded. Once posted to your account, you can view this webinar anytime on-demand during the access period identified in the Recorded Webinar Now Available email. For additional information on viewing and accessing webinars, view our full terms and conditions here.


All registrations made the day of a live webinar must be completed using a credit card or PayPal. We do not accept check payments or purchase orders for live webinars on the day of the webinar. If you wish to pay by check, please register in enough time for your check to reach our office; we must receive your check before we grant access to the webinar. If we receive your check after the live webinar, we will grant you access to the recorded webinar. For the most current information, please visit our FAQ page.


For orders of live webinars, FTLF will issue a full refund for cancellations requested at least one week PRIOR to the live webinar. We do not provide refunds for no-shows; however, you may request access to the recorded version of the webinar. If you ordered the wrong webinar and need to transfer your registration to a different program, please Contact Us. View our full policy on refunds and cancellations on our FAQ page.

Required Hardware/Software

Google Chrome and Mozilla Firefox are the preferred browsers.