When it comes to employee surveillance, will your electronic communications be spared from your employer's watchful eye? The United States District Court for the District of New Jersey will soon consider this question in the context of social networks. Two Houston restaurant employees are suing their former employer, alleging their termination was based on their boss improperly accessing personal comments they made outside of work on a private, password-protected social network: MySpace. See Pietrylo v. Hillstone Restaurant Group, Docket No. 2:06-cv-05754 (D.N.J. 2008). Given the limitations that federal and state laws place on an employer's monitoring authority, it is unlikely the court will hold that Houston's authority includes private online communications on a social network such as MySpace. Employers should be cautious when walking the fine line between authorized employee-monitoring activities and private employee communications, as surveillance on social networks may expose them to potential legal liability. read more »
July 07, 2015
Vanessa A. Fazio's blog
Posted May 17th, 2009 by Vanessa A. Fazio
Browse by Subject
Defamation Copyright Anonymity Legal Threat Trademark Third-Party Content Section 230 User Comments or Submissions Business Formation Free Speech Access to Gov't Information Newsgathering SLAPP Criminal Blogs False Light DMCA Journalism Censorship Access to Courts Citizen Journalism Fair Use Privacy Social Media Shield Laws
About this Blog
Contributors to this blog include a diverse group of lawyers, law professors, law students, and others with an interest in new media. The views expressed are solely those of the individual contributors and do not necessarily reflect the position of the DMLP or the institutions with which they are affiliated. To learn more about the DMLP, please click here.
Victoria Smith Ekstrand
Write for DMLP
We are looking for contributing authors with expertise in media law, intellectual property, First Amendment, and other related fields to join us as guest bloggers. If you are interested, please contact us for more details.
Recent Blog Posts
|Copyright 2007-13 Digital Media Law Project and respective authors. Except where otherwise noted,
content on this site is licensed under a Creative Commons Attribution-Noncommercial-ShareAlike 3.0 License: Details.