Social Media at Work in Sacramento

When Social Media Invades the Workplace in California

Social media platforms like Facebook, Instagram, and Twitter have enabled users to remain connected with one another to a degree never before imagined. One user can inform another user of his or her emotions, activities, and locations in real-time. As many unwary individuals have learned, however, it is not just your friends and followers who are looking at your social media sites. Potential and present employers may learn of your posts and comments, which can land you in a difficult and embarrassing situation.

What rights do you have as an employee with regard to your social media accounts and the contents therein? Contact the Law Offices of Gay Carroll-Haring to learn more. 

What Your Employer Cannot Do in California

The California Labor Code sets out certain activities that your employer may not require you to do with regard to your social media account.

In particular, the employer may not require you as an employee or potential employee to:

• Disclose your username and/or password so he or she can access your social medial accounts;
• Require you to open or access your social media accounts in his or her presence;
• Divulge to others any personal social media such as videos, text messages, blogs, and/or photographs unless it is done as part of an investigation into alleged employee misconduct or a violation of the law.

Furthermore, an employer cannot discipline you, threaten to discipline you, or take retaliatory measures against you if he or she makes improper demands regarding your social media account(s) and you refuse.

Recognize that Your Protections Only Go So Far

Although it may seem to provide a great deal of protection to a worker’s social media content and use, in reality, the California Labor Code provides only a small amount of protection to employees’ social media accounts.

The Labor Code does not prevent an employer:

• From learning about your social media through means that do not involve directly accessing your account (such as overhearing your or another employee’s conversation about the contents of your social media);
• Demanding a username, password, or similar access to a device that is issued by your employer to you;
• Requesting or requiring you to divulge what would be considered social media in order to aid in an investigation into employee misbehavior or a violation of the law.

How a Sacramento Employment Lawyer Can Help

If your employer has taken an adverse employment action against you because of your personal social media use, contact my office right away. Depending on how your employer was able to access your social media account and the content contained therein, your employer may have violated the law.

The Law Office of Gay Carroll-Haring will thoroughly investigate the facts and circumstances of your situation and advise you if your legal rights may have been violated. Call 916-443-3553 to schedule an initial consultation.