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Arguably, the most difficult task for employers monitoring their employees’ social media activity is the job of disciplining employees. Although employers would like nothing more than to be able to rely on a stringent, deliberately drafted social media policy to regulate their employees’ social media posts, this is obviously not enough, and discipline is often necessary. Unlike discipline for other employment infractions, however, disciplining an employee for violating a social media policy is a delicate undertaking that should only occur after careful investigation and, where possible, conferring with outside counsel.

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