But not all judges agree it is open season on social media. In Mailhoit v. Home Depot, U.S.A., Inc., a federal court in California recently refused to compel production of Facebook posts and photos. Andrew Kennedy from the American Bar Association provides good discussion of the Mailhoit and Simply Storage cases, here. Another recent decision holds that social media information is similar to an employee carrying around a file folder with Everything About Me inside it.
As this area of the law continues to evolve, employers are reminded to think creatively about social media in their disputes with employees. They must work with their attorneys to properly request the information from employees. But they must also evaluate company policies regarding social media. Be prepared that if an employee must provide her social media information, she may be entitled to seek the same information from her former supervisors. Put practices in place to ensure supervisors are not using personal social media outlets to discuss subordinates, workplace issues, or other sensitive information.
Disclaimer: The THK Legal Blog is for informational purposes only and should not be relied upon as legal advice. In no case does the published material constitute an exhaustive legal study, and applicability to a particular situation depends upon investigation of specific facts. You should consult an attorney for advice regarding your individual situation.