Start Workplace dating investigations

Workplace dating investigations

Likewise, do the laws prohibit an employer from requiring an employee to “friend” the employer?

In that scenario, the employer is not obtaining any access information.

I am not saying that the employer has the right to use social media to find out who employees are dating, where they are going out after work, or who they went to high school with when those things have nothing to do with the workplace.

What I am saying is that workplace investigations can be high stakes games, with substantial potential liability for the company if the investigation is not handled right.

One concern that has been raised in the discussions to date is that accessing social media may violate the federal Stored Communications Act.

The SCA prohibits unauthorized access of an electronic facility so as to obtain access to an electronic communication while it is in electronic storage.

For example, a non-decision-maker might be given a specific set of questions to answer after she looks at the social media information in question, and be instructed to provide no further information.

Where the stakes warrant it, the employer may want to require that an employee permit it to access social media information that is not publicly available.

Think it’s not consent if the employer requires access?