Legal Danger Zone: ‘Friending’ Your Boss – or Your Employee


A reader asks: I’ve friended a few employees on Facebook, but I’m seeing them admit to a few things in their status updates that, while legal, are clear violations of company policy. Can I discipline or fire them for that conduct, even if it didn’t happen at the office?

Answer: This is one of those areas where it’s best to proceed with great caution. Under California statutory law, an employee cannot be disciplined for “lawful conduct occurring during nonworking hours away from the employer’s premises.” However, a company may require applicants to sign an employment agreement that protects the employer from “any conduct that is actually in direct conflict with the essential enterprise-related interests of the employer” if that conduct “would actually constitute a material and substantial disruption of the employer’s operation.”

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ropers, Majeski, Kohn & Bentley | Attorney Advertising

Written by:


Ropers, Majeski, Kohn & Bentley on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.