Florham Park counsel Jerry Wohlgemuth wrote an article for Law360 titled, “Privacy Rights On Facebook: Are Employees Protected?”

Jerry’s article notes, “Employer access to and use of employee comments on social media networks such as Facebook are fraught with legal implications,” which range from invasion of privacy claims to charges of discrimination for prospective-employee screening.

He discusses Facebook’s privacy policy as well as recent case law dealing with privacy rights in the social media context. He notes that “the courts have recognized that the expectation of privacy must be objectively reasonable and that a subjective belief that comments were private is not controlling.”

Jerry adds that “the notice and warnings in the Facebook policy would appear to undermine any claim a user could have to a reasonable expectation of privacy.”

To read the entire article, click here.