Should employers address the issue of employees accessing Facebook or other social media accounts while at work or on their work computers? A recent lawsuit suggests that employers in some industries may be wise to include best practices on this issue in their employee handbooks.
According to the allegations, an employer and employee had agreed to an $80,000 settlement in a previous employment dispute. Part of the terms of that agreement required the employee’s confidentiality. However, the employee shared the outcome with his daughter. The employee’s daughter, in turn, may not have understand that provision, for she posted an entry to her 1,200 friends on Facebook about the outcome.
The employer found out about the post and brought suit, claiming the employee had breached the terms of their confidential agreement by allowing his daughter to post about it. Although a lower court did not agree, the employer prevailed on appeal, and the agreement has been set aside.
In certain industries, confidentiality is an expected component of an employee’s duties. From trade secrets to legal agreements, there are many things that an employer might wish to keep private. When disclosure of confidential information could financially hurt an employer, it may be wise to address this issue in an employment agreement. For example, the agreement could expressly list disclosure as grounds for termination, or list other adverse employment actions that could befall an employee who breaches the confidentiality.
An attorney knows that certain employment disputes may be unavoidable, as in the case of breaches of confidentiality. By laying out the consequences of this damage in employee handbooks or agreements, an employer can more clearly communicate its expectations to employees.
Source: Miami Herald, “Daughter’s Facebook boast costs former Gulliver Prep headmaster $80,000 discrimination settlement,” David Smiley