Face it — there is no escaping the Facebook frenzy. Whether you “like” it or not, it has crept into every corner of our lives, and the workplace is no exception. Facebook has more than 800 million active users as of last count. With little effort, you can imagine how many of those users have discussed work-related issues on the public forum. What if an employee posts disparaging comments about an employer, co-worker or client? What if the employee divulges confidential information? How can an employer protect itself without trampling its employees’ legal rights?
The answer is far from clear cut. Employers must respond cautiously to their employees’ use of Facebook (and other similar sites), even when such use appears inappropriate on its face. Further, employers who promulgate social media policies to curtail inappropriate use must take extra precaution in limiting those policies appropriately.
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