Ranting on the Internet about one’s employer has become commonplace. When these rants appear on publicly accessible Internet pages, employers can access them, and, except in limited circumstances, can take adverse action based on the posting’s contents. As a recent adverse jury verdict demonstrates, employers who access a restricted social networking site without proper authorization can face liability under federal and state laws intended to protect personal privacy. The risk will increase as employees use increasingly sophisticated privacy settings to limit access to their personal social networking pages.

For a detailed discussion of this development, see Littler's ASAP "Verdict Against Houston's Restaurant Demonstrates Risks of Accessing Employee's Restricted Social Networking Sites" by Philip L. Gordon.

For more background on this case, see our prior blog post.