Q. We discovered that an employee has posted false, profane statements about our company and managers on his Facebook page. What can we do?
A. The first action you should take is to contact Facebook, voicing your complaint and objecting to the posting on its web site. The people at Facebook have been cooperative in immediately removing offensive and objectionable material and postings. In some instances they have revoked the offending person’s posting privileges.
What else you can do depends on the posting’s content. Contact your employment attorney to help determine whether the false statements rise to the level of actionable tort claims for defamation, disparagement or placing the company or employees in a false light.
Your attorney can also tell you whether the employee has breached any employment contract, nondisclosure/confidentiality agreement or noncompete contract. Such a breach could be actionable and allow for issuance of “cease and desist orders” or other injunctions.
If the posting violates other employment policies, codes of conduct and ethics or communications, Internet or e-mail usage policies, you may discipline the employee.
- Whistle-blower retaliation just got more expensive in N.Y.
- Returning soldiers aren't at-Will employees ... temporarily
- New minimum-Wage law: Beware the 'Poster pretense'
- NLRB sets new limits on your off-duty employee access rules
- Does your organization rely on federal funding? Beware False Claims Act lawsuits