Embodying some of the aspects of Big Brother is not a new role for an employer. Traditional concerns for employers have included: loss of information sensitive to the employer or to employees; harassing, discriminatory, or other conduct potentially leading to liability to third parties; forbidden fraternizing; misappropriation of trade secrets to form a competing venture; criminal activity; and “frolic and detour” or other slacking. In the past 15 years, however, workplaces have become increasingly digitized as electronic information has come to dominate all aspects of modern life. See generally, Robert D. Brownstone, “Workplace Privacy Policies” (Aug. 2009) (“ Brownstone eWorkplace”), at 1-3. With the advent of Web 2.0 and user-generated content — blogs, wikis, and social-networking sites (such as Facebook, LinkedIn, MySpace, and Twitter) — there are heightened concerns surrounding employees’ digital activity.
Part one of this article examines the potential liability for employers involved with social media and e-mail use. Part two, will discuss implementing compliant and defensible workplace policies.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
