Readers of this blog are well aware of the increased role that social media tools are playing in workplace lawsuits. While many of our recent posts have focused on NLRB decisions limiting employer social media policies, a recent federal court decision out of Pennsylvania emphasizes the importance of having a social media policy in place.
In Eagle v. Morgan, No. 2:11-cv-04303-RB (E.D. Pa. 10/4/12), the former president of a financial services company alleged that her employer violated the Computer Fraud and Abuse Act (“CFAA”) when it took over her Linkedin account after she was fired. The former president created the account in 2008 to promote the company, as well as herself, and to develop a business and social network. After she was fired in June 2011 and replaced with an interim CEO, the company changed the Linkedin password and put the new presidents’s picture and profile on the account. About a month later, the company returned the account to the fired president’s control.
The court dismissed the plaintiff’s federal claims, finding that she had not shown that she suffered any damages. Although the plaintiff claimed that she had lost potential business opportunities when people were unable to contact her during the period that the company controlled the account, the court found that such a speculative claim was “simply not cognizable under the CFAA.” However, the court did not dismiss the remaining state law claims, which are scheduled for trial October 16th.
The Eagle decision illustrates why employers need to have policies which clarify the ownership of social media accounts. Many employers allow and even encourage employees to use social media accounts such as Twitter and Linkedin to promote the business and cultivate relationships. When employees leave, there needs to be an understanding as to who owns the account, as well as the contacts accrued over the period of time the employee ran the account. From an employer’s perspective, it is best to have a policy which makes clear that a social media account is no different than a company-owned laptop or email account which must be turned over to the company when the employee terminates.
By Eric Paltell