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Q. Can I be disciplined for comments I post on my Facebook page when I am not at work?
A. It depends on whether you are engaging in concerted activity
Q. What expectation of privacy do I have if I post my personal business on any social medial platform?
A. Not much, if any at all.
Q. Can I be forced to give up my personal password during formal discovery in a lawsuit?
A. It depends. Contact the Law Offices of Valerie Kiffin Lewis for an in-depth answer to this question.
by Valerie Kiffin Lewis, Esquire
Social Media has impacted not only the workplace, but the entire world. There are few places on the face of the earth that are not now tuned into the internet. And with the internet comes social media platforms like Facebook, twitter, linked in, and others. But what is social media? And how, in particular, has it impacted the workplace?
Social Media is defined by Wikipedia as "the interaction among people in which they create, share, or exchange information and ideas in virtual communities and networks." A criticism of social media has been the meaning of interactions created by it. As quoted by... Neil Schaffer, "the overarching problem is that everyone sees and uses social media from a different perspective." That being said- some questions quickly come to mind: Is there such a thing as an expectation of privacy if you post on Facebook or twitter, or any of the other social media platforms? Can you be disciplined by your employer for off-duty conduct connected with your postings on Facebook? Can your personal password be obtained during formal discovery in your current court case for employment discrimination against your employer? Inquiring minds want to know - and believe it or not- courts are now grappling with these very same issues. We address some of these issues below under the section, frequently asked questions, but keep in mind that this is a growing area, and while Florida courts have addressed issues involving social media and the workplace, the case law is very limited. If your company does not have a Social Media policy, or if you are being disciplined at work for your use of social media, contact the Law Offices of Valerie Kiffin Lewis, P.A. for a legal consultation. Valerie Kiffin Lewis, Esq. may be reached by submitting the contact form to your lower right or via email at valerie@ employmentlawjustice.org.