Employer Access to Social Media Usernames and Passwords

One of the emerging trends in employee law is whether employers are able to tap into their staffs’ social media accounts. These profiles are usually reserved for intimate and personal friends or family. Nevertheless, some companies feel the need to protect what staff may do or say while away from the desk. Whose side does the law favor, and what are these laws exactly?

Concerns for Employers:

  • Propriety Information and Trademarks – each company has their own trademark secrets. How can this be protected with numerous employees being given access to inside information? Speak to an employee law firm to learn more.
  • Financial Concerns – depending on the agreement being signed, how can finances be compromised by a mere share of data?
  • Legal Liabilities – with the steadfast nature of a society that sues, employees may be concerned that behavior from their workforce could affect legal outcomes of lawsuits being filed.

Even with these concerns, the law sides with protecting the privacy of the workforce by restricting the request of log-in information for accounts like Facebook or Twitter for instance, without any risk of being fired or hired.

Notwithstanding, employees should note that employers are free to access public profiles. Statistics also indicate that much of the recruiting process involves searching for qualified candidates on social media like LinkedIn, Facebook or Twitter for instance.

A similar topic to address with your lawyer is whether it’s legal to conduct a credit check to secure or keep employment. If you’re a member of the workforce with these or similar concerns, speak to John Grasso at Call 401-272-4001.

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Rhode Island Statutes Include The Following Data:

H.B. 5255
Status: July 2, 2013; From Senate Committee on Judiciary. Recommended passage.
Establishes a social media privacy policy for students and employees.

H.B. 7124
Status: April 9, 2014; To Senate Committee on Judiciary.
Establishes a social media privacy policy for students and employees.

SS.B. 493
Status: July 2, 2013; Held on desk.
Would establish a social media privacy policy for students and employees. This act would take effect upon passage.

S.B. 2095
Status: June 19, 2014; To Governor.a

Establishes a social media privacy policy for students and employees.

Sources

National Conference of State Legislations: Employer Access to Social Media Usernames and Passwords

Employer Handbook: Accessing Your Employee’s Social Media Accounts May Violate Federal Law