Ranting on the Internet about one's employer has become commonplace. When complaints are posted on a publicly accessible Internet page, employers have the same right as anyone in the general public to access the posting, and, except in limited circumstances, can take adverse action based on the posting's content.
As the Hillstone Restaurant Group, owner of the Houston's restaurant chain, recently learned after an adverse jury verdict, employers who access a restricted social networking site without proper authorization face potentially significant exposure under federal and state laws intended to protect personal privacy. With employees becoming increasingly sophisticated about using privacy settings to control access to their personal social networking pages, this risk will become only more significant over time.
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