Employers: ‘Keep Out!’ Beware intruding in employee web sites — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

It’s becoming a common problem: An employer discovers disparaging comments on an employee’s Facebook, MySpace or personal blog. Maybe a post reveals internal company information.

Can the employer take disciplinary action? The answer, like the answer to many employment questions, is “it depends.”

A series of new laws and evolving legal doctrines have placed limits on how far an employer can encroach on the private and off-site activities of its employees. This represents an important shift.

Off the clock, off limits?

To begin with, New York State has enacted a labor law that protects employees from discrimination based on their off-duty “political activities” (such as running for office or supporting a candidate) and “lawful recreational activities.” 

NY Labor Law Section 201-d, in effect, prevents an employee from being discharged because he participates in lawful leisure time activities—as long as they are not for co...(register to read more)

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