Retaliation Lawsuit Filed After Social Media Postings
Sometimes, social media, employers and workers just shouldn’t mix. At least, that’s the logical conclusion in the case of a lawsuit filed by former employees of Coyote Ugly Saloon.

The trouble began when several current and former employees of the corporation filed a lawsuit against Coyote Ugly. The complaint alleged that employees had not received compensation for hours they were forced to work off the clock. Moreover, the suit pursued damages for illegal tip practices. Plaintiffs alleged that bar security workers were allowed to share in the tip pool although the practice should have been prohibited.
Most corporations accept the occasional lawsuit as part of the cost of doing business. Under the advice of attorneys, most employers refrain from commenting publicly with regard to ongoing legal matters. However, this practice seems to be changing as social media applications become increasingly prevalent. The problems associated with this phenomenon are highlighted by this case.
Coyote Ugly CEO Liliana Lovell, who writes a regular blog on the company website, made comments on her blog that were related to the recently filed lawsuit. In the post, Lovell noted that the plaintiff, Misty Blu Stewart, had been terminated for theft. The post also went on to refer to Stewart in a derogatory fashion, although Stewart’s name never actually appeared in the post.
Concurrently, another plaintiff in the case, Sarah Stone, discovered a Facebook post by a company manager that referred to a desire to kill a bartender who was suing him. The post was made while the manager was being served by Sarah Stone, whom he knew was involved in the suit.
As a result of both online postings, Stewart and Stone filed a further lawsuit, this time claiming retaliation on the part of their former employer. The court recently dismissed a motion by the defendants that would have put an end to the suit, meaning that a judge is likely to hear the case in the coming months. In the meantime, it seems prudent for employers to refrain from commenting in social media on legal matters in even the vaguest terms.
Upon discovering this content, the student’s parent anonymously forwarded an email to Superintendent Dr. Ron Saunders who forwarded the message to Apalachee High principal David McGee. McGee, along with the vice principal, held a meeting with Payne in which the teacher admitted her use of Facebook and the use of a photograph depicting alcohol usage. However, Payne alleged that she was unsure whether or not any of her students were among her Facebook friends. Principal McGee then showed Payne the email complaint and notified her that the concerns of the parent were being passed along to the school board. Allegedly, McGee expressed doubts about the board finding in Payne’s favor.
In one case, employees of a domestic abuse shelter were fired in the wake of a series of Facebook posts. The posts were made in response to the news that another coworker intended to take complaints about the substandard performance of employees to a supervisor. The NLRB found that the posts constituted a concerted activity that is protected under the NLRA. Essentially, board members felt that the employees were engaging in an act of mutual aid with regard to the conditions of their employment. The Facebook posts were an attempt to mount a defense against the allegations of the employee who intended to make a complaint.
The student, who is identified in the lawsuit only as A.C., suffers from Type I diabetes. In her three years at the Bon Lin Elementary School, A.C.’s parents made numerous requests for accommodation of their daughter’s condition. They asked that the student’s blood sugar be tested in the classroom by the school nurse rather than having their daughter go to the nurse’s office where she would regularly encounter sick children. This request was not granted, but others were. Among them were adding a full time nurse to the school staff and training teachers how to respond to a diabetic emergency.
In Nevada, public outcry over videotaped bullying that gets posted to the Internet has caused politicians to pass a new law. Essentially, the legislation prevents the transmission and distribution of violent images involving a child. Minors who knowingly and willfully distribute images of a violent offense against another minor may find themselves facing a juvenile court after the first offense. The court may impose supervision for the minor, though it is not empowered to detain them.
The two plaintiffs are Elizabeth Gasior and Juli Knecht. Each has been employed by the school district for several years, mainly within the Gifted and Talented Department. Gasior alleges that after more than 20 years of employment and overall positive employee reviews, things began to change under the directorship of Toia Robinson. After Robinson was made supervisor of the Gifted and Talented Department in the 2008-2009 school year, Gasior says that alterations within the department began to make it difficult for her to perform her responsibilities effectively. Further, she says Robinson showed a tendency to make false performance statements and began to remove her from certain department activities.
The trouble began when the institute wanted to notify teachers about the limited opportunity to cancel their membership in the Clark County Education Association. Members of the association pay almost $800 in dues each year, and they are only able to drop their membership between July 1 and 15. The association is a union, and the conservative policy institute felt that more union members should be aware of their options.
Before May 14, CVS employees are required to keep an appointment with a physician who can perform a WebMD Wellness Review. The check up will include tests for common health concerns like cholesterol, blood sugar, body mass, body weight and blood pressure. Test results must then be submitted to the employer, though CVS insists that the company will not be reviewing the test results, nor will there be any penalties for unfavorable results.
The teacher, who has not been named to media sources, apparently pulled out her smartphone and looked for a lie detecting app. Then, each student was asked to participate by placing their thumbs on the phone’s screen while they were asked whether or not they had taken the missing candy. Allegedly, one student did not pass the test, although it has not been revealed whether or not that student was the actual candy culprit.
All might have been well except for two questions. The first asserted that a ship had been loaded with 3,799 slaves and continued by stating that, “One day, the slaves took over the ship. 1,897 are dead. How many slaves are alive?” The other problematic question concerned a slave who was whipped multiple times everyday. Students were asked to determine how many times the slave was whipped in a one month period.
The new sex ed program emphasizes age appropriate subject matter. Prior to the fifth grade, students would be introduced to subjects like basic anatomy, inappropriate touching and about various species that reproduce. As students progress through successive school years, the sex ed focus will continue to be on feelings and the family, with puberty being added in the fourth grade. 

