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In our Employment Law Module, we considered ways to reduce employee-related litigation risk. One of those methods is to implement good employment policies and practices. Generally, employers have the right to monitor their employees use of the Internet (including visiting social networking sites, checking e-mails, and instant messaging) on computers owned by the employer, during employees on-duty hours. However, some employers go beyond that and monitor their employees’ social media use outside of work.
Are employers every justified in monitoring the personal social media accounts of their employees?
If yes, what measures can an employer take to minimize the company’s potential risk of litigation by the employees?