Lies, Facebook and Sexting 

Everything you do may become public in your divorce!    

The Electronic Workplace

Managing the Cyber-Employee

Jason Storck

The newest breed of office worker has a BlackBerry fused to one hand, a cell phone to the other, and a laptop over the shoulder.  This wired employee prefers communicating over e-mail, instant messaging, texting, and social media rather than in-person socializing with colleagues. 

Not surprisingly, this wired employee has blurred the line between off-duty and on-duty conduct, complicating an employer's ability to prevent harassment liability, especially supervisor liability. Federal courts generally apply agency principles in deciding whether an employer is liable for a supervisor's harassment. Off-duty harassment could result in liability anytime a supervisor's conduct is within the scope of employment. Even if outside this scope, liability can attach where, for example, the supervisor purported to act or speak on behalf of the employer and there was reliance upon apparent authority. Therefore, the fact that a harassing email or blog was sent or uploaded from home may not insulate an employer from liability.

Because of the seemingly informal nature of email, instant messages, and social media, employees, including supervisors, are more inclined to make inappropriate comments using this technology, creating potential employer liability. So what is a litigation-averse employer to do? 

See Jason's tips for savvy employers - click the link below.

The Electronic Workplace - Managing the Cyber-Employee