Employer liability and social media
Recent case law and new technologies have raised the prospect of employer liability for the statements of employees on sites such as Twitter, Facebook, and LinkedIn. Liability can arise from posts made both during the course of work hours, and after normal business hours. Such posts can result in the intentional, or unintentional disclosure of confidential information, and may give rise to potential damage to both the employer’s and the customers’ reputations.
Employers should develop specific policies dealing with social media. These policies should outline the employer’s expectations, and the fact that employers may insist on reasonable restriction on access to such sites. These policies should also outline how the employer intends to enforce them, up to and including dismissing the employee posting the material for cause.
Earl Altman, Garfinkle, Biderman LLP