Portions of this posting have been excerpted from Corporate Counsel (http://www.law.com/corporatecounsel/PubArticleFriendlyCC.jsp?id=1202603185802).

In an original article from Corporate Counsel titled “Employee Social Media Accounts are Private—Sometimes,” the author discusses situations in which an employer may gain access to private information contained in an employee’s social media account.  A growing body of state law prevents companies from asking employees for access to personal accounts.  However, “private” content may be subject to review under certain circumstances.  The author cautions that even in states where prohibitions already exist, “the private content of a Facebook or Twitter account could become part of any litigation to which the employer is a party.  If an employee discusses a pending matter using a personal social media account . . . that content could be evidence that is subject to production.”  Further, “if an employer accuses their own worker of wrongdoing, they may be able to gain access to private content that supports the employer’s case.”

IP & Business Law Counseling, LLC can help your company implement an employee Social Media Policy that provides guidelines for the appropriate use of social media and establishes related rules and prohibitions.