Can Employer Monitoring of Employee Social Media Violate the Electronic Communications Privacy Act?

Abstract

It has become increasingly common for employers and prospective employers to monitor an employee's or interviewee's Facebook or other social media Web site. As a result, there have been countless reports of employers disciplining or terminating employees based on the employee's Facebook posts or pictures, Tweets, blog posts, or other social media content. Darin M. Klemchuk and Sita Desai of Klemchuk Kubasta, LLP, discuss a recent case in which a federal district court had the opportunity to determine whether employee Facebook posts are covered by the Electronic Communications Privacy Act. [PUBLICATION ABSTRACT]