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Likewise, do the laws prohibit an employer from requiring an employee to “friend” the employer?Those questions will likely be addressed by the courts in those states, and similar laws to follow will be tested as well.I am not saying that the employer has the right to use social media to find out who employees are dating, where they are going out after work, or who they went to high school with when those things have nothing to do with the workplace.What I am saying is that workplace investigations can be high stakes games, with substantial potential liability for the company if the investigation is not handled right.Of all the concerns raised here, the largest potential liability in most situations is the liability for failing to address harassment.Do not be automatically scared away from social media information by the recent uproar.


Our experience and resources allow us to manage complex and conventional workplace investigations in a multitude of circumstances.2012 has been a bad year for employers who want to request social media passwords in order to assess job applicants. Of course, almost no employers actually engage in such a practice, but for some reason this subject became the privacy earlier in the year after a national article suggested the practice is common.Even management-side writers rushed to condemn the practice that really wasn’t, and now we have two state laws (more on those below) on the topic, with more likely coming.As with any other high stakes, tricky situation, work through all of the costs and benefits with counsel before deciding to proceed without what may be critical information.

Bill Nolan opened Barnes & Thornburg's Ohio office in April 2009, seeking to bring a unique energy, geographic platform, and business model to the Ohio legal market.Think it’s not consent if the employer requires access?


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