What's Really "Private" on Your Social Media Page?
It is not novel news that employers search prospective employees Facebook pages, or other social media websites, to get information on potential hires. But what if you are a current or previous employee of a business and are involved in a civil suit with your the employer? Exactly how much information on social media sites is available to those employers who are involved in civil suits with employees? Well, in late October 2011, the Appellate Division of the New York Supreme Court ruled that there are limits on employee activity that employers can legally gain knowledge of through social media sites (for example Facebook and Myspace). In short, employers do not have a "free hand" in searching an employee's Facebook activity when that employee is currently involved in a civil suit with the employer.
The New York Court limited what an employer, Turner Construction Co., could legally gain access to regarding the Facebook activity of an employee who was seeking compensation in a personal injury suit against the employer. The company was trying to use the employee's Facebook activity to prove the employee was being untruthful about the extent of his injuries. Specifically, the New York Court ruled that the company could only have access to the employee's Facebook activities that were relevant - in other words, activities that disproved the employee's alleged restrictions, disabilities and other claims.
Up to this point the New York Court's ruling seems like good news for New York employees. However, it is not all good news because the employer did get a limited right to review information that had been "set" as private or limited access. So far, this case in the New York jurisdiction, but this is a case that could spread to other states.
A general business practice to be considered as a result of this case would be - Employees, whether former, current or prospective, need to be careful about what they post on their social media pages; even private or restricted activity is no longer private or restricted; Employers, use common sense when relying on information you get from viewing your employees social media pages.
If you area business owner and have questions about your use of this type of information please contact a business attorney at Wood, Atter & Wolf, P.A.
Referenced Articles:
- "Employees' Facebook Pages Are Private, Until They're Not," - the Entrepreneur.
