This regularly-scheduled sponsored Q&A column is written by Val Sotillo, Northern Virginia-based Realtor and Falls Church resident. Please submit your questions to her via email for response in future columns. Enjoy!
Welcome to our neighborhood real estate blog! I’m very excited to be part of this community and cover all sorts of topics regarding residential real estate and the market place. I’m here to answer your questions in a very honest, informative and hopefully fun way (who says real estate is boring!?).
Before we get started with our first Q&A, a bit about me — I moved from Peru to the D.C. area in 2004 and I’ve been in property management and real estate ever since. Falls Church resident, dog and cat lover, Redskins fan, new restaurant explorer and Zumba instructor. Some of my favorite places near Tysons:
- Casual Restaurant: Taco Bamba
- Happy Hour: Sea Pearl
- Dog friendly patio: Tysons Biergarten
- Date night spot: Nostos
- Music venue: Jammin Java
I have been collecting some great questions that I plan to answer over the coming weeks, and I can’t wait to hear yours also. If you’d like a question answered in my weekly column, please send an email to [email protected]. I hope to hear from you soon.
Val Sotillo is a licensed Realtor in Virginia, Washington D.C. and Maryland with Real Living At Home, 2420 Wilson Blvd #101 Arlington, VA 22201, 703-390-9460.
This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
One of the most evolving areas of employment law today is how off-duty social media use is increasingly affecting employees and their employment. One of the most common misconceptions about employee off-duty social media use is that it is somehow protected by law and cannot subject an employee to discipline. In particular, there is a belief that the First Amendment protects speech made outside of work on social media.
This isn’t the case. The First Amendment generally does not protect this type of speech for private sector employees and only rarely does for public sector employees.
Recent Examples in the News
Some recent examples of the connection between social media and employment have made the news recently. In one example, a private school administrator was placed on suspension for making inappropriate comments to Attorney Michael Avenatti on Twitter. A second example involved a Dean at Catholic University who this week was suspended for making comments about a female complainant related to the Kavanaugh U.S. Senate Supreme Court proceedings on social media.
Few Protections for Employee Use of Social Media
We have seen similar kinds of social media use issues arise in workplace termination cases far more frequently these days. The use of social media by employees is generally not protected by the First Amendment which only protects individuals from government action, not actions of private employers.
Employees can be terminated for social media speech even if it was created with their private accounts and prepared after work hours. Many companies are increasingly receiving complaints about employees who make threatening or inappropriate comments on Facebook, Twitter or other social media outlets.
As a result, many employers are then taking disciplinary action against these same employees. As the law on social media evolves we may see some protections develop where an employer takes discriminatory action for a post or violates other state and federal laws.
However, right now there is little in the way of protections for employment actions taken due to social media postings.
As easy as it is for an individual to express an inappropriate comment on social media in a moment of frustration it is just as easy for someone who sees the comment to report it to an employer.
In this evolving world of social media and employment law, it is generally a good idea for employees to understand the thin line that exists between posting on social media in a moment of frustration and an employer taking disciplinary action against them.
Conclusion
When facing employment or wrongful termination issues in Virginia it is important to obtain the advice of and representation of an attorney. Our law firm advises and represents individuals in wrongful termination matters in Virginia and other jurisdictions. We can be contacted at www.berrylegal.com or by telephone at 703-668-0070.
Please also visit and like us on our Facebook and Twitter pages.
