Internet and Employee Privacy

Avenues for employees to complain about their employer, working conditions, co-workers, management etc. have been enhanced by the advent of internet social networks such as MySpace and Facebook. Southwest Airlines fired a Flight Attendant who wrote negative blogs about her employer. More and more employers are attempting to control negative comments being placed on the internet.

BEWARE!!! Employers risk significant legal liability for accessing restricted social networks without proper permission in order to monitor what is being written about the employer on those sites.

Houston’s Restaurants learned this lesson the hard way. Brian Pietrylo, one of Houston’s waiters established a “group” on MySpace with the intent of allowing other Houston’s employees who wanted to “vent about any BS we deal with at work without any outside eyes spying on us.” Mr. Pirtrylo established the site that was “entirely private” and in order to join one would have to be invited.

When one of the employees told a manager about the web site, the manager demanded the password from the employee, passed it on to other managers who after reviewing the site ultimately terminated Mr. Pietrylo and another employee. Houston’s felt the content of the web site was adverse to the core values of Houston’s Restaurant.

Mr. Pietrylo sued Houston’s under the federal Stored Communication Act and also for invasion of privacy. The federal law prohibits unauthorized access to electronic communications, such as posts on the internet. (ie. MySpace, Facebook and LinkedIn). While the factual question in this case was whether Houston’s was authorized to access the site using the password it obtained from an employee, the issue for employers is to avoid the lawsuit altogether!!!

An issue which was not raised was liability under the National Labor Relations Act which prohibits employers from disciplining employees who participate in “concerted activities” to improve their working conditions. The Houston’s case was based in privacy issues.

To protect itself, an employer should also get permission to view an employee’s website. Permission should be written and clearing indicate that permission was give freely without any threat of duress or punishment.

G & J Consultants provides HR and legal consulting to businesses on compliance and best practices in human resources and employee relations. For more information contact: Glenn Brown , J.D. Managing Consultant at glennb@GJCounsultants.com.

The information contained herein, is provide for information only and should not be considered legal advice.
Seek appropriate advice and counsel from competent counsel.