Today’s employers are expected to perform a balancing act of various competing interests and inconsistent obligations regarding the monitoring and directing of their employees’ use of social media and other internet activities. While recent cases have highlighted employees’ rights to free speech, privacy, and concerted activity, employers should not forget their right — and in some cases, obligation — to monitor and direct employees with regard to internet use in the workplace. Many employers would benefit from guidance in navigating these various and competing interests.
An employer cannot turn a blind eye to its employees’ internet use, and indeed, may face significant consequences for failing to monitor, correct or report, as applicable, misleading product endorsements, harassment, discrimination, or other unlawful online activities of its employees.
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