RPJ’s Jill Kahn Marshall Featured in Clinician.com Article on Managing Employee Social Media Risks

RPJ’s Jill Kahn Marshall was recently quoted in an article from Clinician.com, titled “Social Media Posts Create Risk, Can Require Discipline.” The piece examines how healthcare employers are addressing the reputational and legal risks posed by employees’ social media activity, particularly posts that contain “offensive” or “unprofessional” content.

The article highlights that even posts made on personal time can lead to disciplinary action, and that such action generally does not violate free speech protections under the First Amendment. Ms. Marshall and other legal experts emphasize the need for clear, consistently enforced social media policies to protect patient trust and institutional reputation.

Ms. Marshall discusses the way state laws restrict employers’ ability to access or monitor employee social media accounts, noting that while employers cannot require access to private accounts, they may take action based on public or widely shared posts. “If an employee decides to make something public or share it with co-workers such that the employer finds out about it, the employer can still act on that,” she says. Marshall also notes that employers can request offensive material be deleted, particularly when it references or associates with the organization. “It’s a good practice to say that employees should not post on their personal social media on behalf of their employer,” she adds. “If it mentions the employer in any way, that gives the employer a lot more reason to tell them to change it or delete that part of it.”

Read the full article here.

This article is intended as a general discussion of these issues only and is not to be considered legal advice or relied upon. For more information, please contact RPJ Partner Jill Kahn Marshall, who counsels individuals and corporations in the areas of employment law, litigation and dispute resolution, and healthcare. Ms. Marshall is admitted to practice law in New York and Massachusetts, as well as the District Courts for Massachusetts and the Southern and Eastern Districts of New York.