Privacy Rights On Facebook: Are Employees Protected?

Law360, New York (August 31, 2012, 2:00 PM EDT) -- Employer access to and use of employee comments on social media networks such as Facebook are fraught with legal implications. Employers have recognized that employee postings may be a valuable tool for screening employment applicants and monitoring employee activities, and they are increasingly attempting to gain access to Facebook accounts in discovery to rebut claims for emotional distress damages in litigation.

Users of social media claim that their Internet communications are private and therefore not subject to discovery in either the employment setting or litigation. They have also filed claims against their employers for invasion of privacy when their Facebook accounts...

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