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?
Some states have enacted laws that protect employees from discrimination based on their off-duty “political activities” (such as running for office or supporting a candidate) and “lawful recreational activities.”
In effect, the laws prevent an employee from being discharged because he participates in lawful leisure time activities—as long as they are not for compensation, and not at the work...(register to read more)
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