Lamarwaltersuccess Blog

December 27, 2011

“Employees’ Facebook Pages Are Private, Until They’re Not”

Filed under: Business, Inspirational, Motivational, Sucessful, Uncategorized — lamarwalter @ 4:29 am

By: Mikal E. Belicove

Even businesses that have an air-tight social media policy can run afoul of the law when employees post on Facebook and other social media platforms.

Last week, an appeals court in New York determined that there are limits to how much proof of employee shenanigans a business can legally gather from social media utilities such as Facebook. The Appellate Division of the New York Supreme Court ruled that commercial builder Turner Construction Co. should not have a free hand in searching the Facebook activity of an employee who was seeking compensation in a personal injury suit against the company. The company was attempting to use information from the employee’s Facebook account to show that he was not being truthful about the extent of his injuries.

The appeals court decision, which reversed a separate ruling by a state Supreme Court justice, noted that the company couldn’t have access to all of the employee’s Facebook entries because the request for information wasn’t specific enough. Instead, per the latest ruling, the company can only peruse Facebook activities that are relevant, in that the information contradicts or conflicts with a plaintiff’s alleged restrictions, disabilities, losses and other claims. That judgment includes activities that are set to private or offer only restricted access to outsiders.

In a similar case last year in New York, a woman who claimed she was bedridden due to injuries had photos on Facebook showing her walking and apparently mobile in front of her own home. The woman was ordered to provide access to private areas of her Facebook and MySpace accounts to the opposing litigant, much like information from an appointment book or calendar might become evidence.

Though disparate in the level of which social media activities are admissible as evidence in a legal proceeding, one thing’s for sure, social media utilities and what we post on them have wide implications. Specifically, these cases point to the emerging role social media utilities are taking in regard to civil suits, with some courts granting greater access to what was once considered private information on a social media site.

The courts are saying, in essence, that only content that contradicts with a plaintiff’s allegations can be permitted for evidence. And while the court declared that Turner couldn’t have unlimited access to its employee’s private Facebook account, it did allow the company some access — establishing conditions for using that information.

The factor that remains constant in these and other cases: Facebook and other social media sites will continue to be targeted by lawyers attempting to find information helpful to their clients. And now, even password-protected information may be up for grabs.

And if you need more of a reason to pay attention to cases that involve social media, keep in mind that civil law is established through court precedents — that is, previous court decisions like those mentioned above. So don’t think for a moment that rulings in faraway states won’t impact your case in California or Illinois or wherever it is you do business.



  1. Hi! Would you mind if I share your blog with my zynga group?
    There’s a lot of folks that I think would really enjoy your content.
    Please let me know. Many thanks

    Comment by tablet pen — January 11, 2014 @ 1:53 am

  2. Hello, of course this article is genuinely nice and I have learned lot of things from it concerning blogging.


    Comment by stock market forecast — April 3, 2014 @ 7:50 pm

  3. I usually do not leave a bunch of remarks, but i did a few searching and wound up here Employees Facebook Pages Are Private, Until Theyre Not | Lamarwaltersuccess Blog.
    And I actually do have a couple of questions for you if it’s allright.
    Could it be just me or does it give the impression like some
    of the remarks look as if they are written by brain dead people?

    :-P And, if you are posting at other online sites, I’d like to keep up with anything fresh you have to post.
    Could you list of the complete urls of all your shared sites like your linkedin
    profile, Facebook page or twitter feed?

    Comment by cloud based backup — April 28, 2014 @ 12:21 pm

  4. Now, it should be the last solution for male chest reduction
    surgery most men suffering from this embarrassing condition there are several options available, so there is no need to live with the condition.
    That is something you will have to pay for this gynecomastia treatment.

    1 To eliminate or get rid of gynecomastia, I know how devastating it can be hard or difficult on your joints.

    Comment by Get rid of man breasts — May 9, 2014 @ 7:50 am

  5. Its such as you read my thoughts! You appear to understand a lot approximately this, such as you wrote the guide in it or something.
    I think that you could do with a few % to drive the message home a
    bit, but instead of that, this is excellent blog. A great read.

    I will definitely be back.

    Comment by trial xtreme 3 — July 16, 2014 @ 4:44 pm

  6. Hello there! This is my first visit to your
    blog! We are a group of volunteers and launching
    a new project in a community in the same niche. Your blog provided us beneficial facts to
    work on. You have done a extraordinary job!

    Comment by tas kantor wanita — July 23, 2014 @ 9:10 pm

  7. Hi, after reading this awesome article i am as well cheerful
    to share my experience here with mates.

    Comment by carbuloss prova gratuita — July 28, 2014 @ 6:42 am

  8. I was recommended this blog via my cousin. I’m no longer certain whether or not this post is
    written by him as no one else realize such exact about my problem.
    You’re amazing! Thank you!

    Comment by werkt carbuloss — July 28, 2014 @ 9:42 am

  9. Hi there it’s me, I am also visiting this web site on a regular basis, this web
    page is actually nice and the users are genuinely
    sharing pleasant thoughts.

    Comment by somalia food recipes — August 1, 2014 @ 6:55 pm

  10. Great post. I used to be checking constantly this blog and I am inspired!
    Very useful info specifically the ultimate phase :
    ) I maintain such info much. I was seeking this certain information for a long time.
    Thanks and best of luck.

    Comment by Http://Www.Instructables.Com/ — August 11, 2014 @ 3:09 pm

  11. Thanks for ones marvelous posting! I definitely enjoyed reading it, you will be a great author.
    I will make certain to bookmark your blog and will often come
    back down the road. I want to encourage you to continue your great job, have a nice holiday weekend!

    Comment by Fighter Body Reviews — August 12, 2014 @ 8:27 am

  12. Kudos. Good post

    Comment by luke bryan 2014 tour schedule — August 24, 2014 @ 7:29 pm

  13. I every time spent my half an hour to read this webpage’s content every day
    along with a mug of coffee.

    Comment by cell phone spy samsung galaxy — September 5, 2014 @ 8:02 pm

  14. I all the time emailed this web site pos page to all my friends, for the
    reason that if like too red it next myy friends
    will too.

    Comment by cell phone spy for droid razr — September 6, 2014 @ 1:38 am

  15. Excellent article! We are linking to this great content
    on our site. Keep up the great writing.

    Comment by Brendan — September 6, 2014 @ 7:49 am

  16. Pretty section of content. I just stumbled upon your web site and in accession capital to assert that I acquire actually
    enjoyed account your blog posts. Anny way I will be subscribing to your augment and even I achievement you access consistently rapidly.

    Comment by cell phone spybubble — September 6, 2014 @ 8:36 am

  17. An intriguing discussion is definitely worth comment. I do
    think that you need to wriute more onn this issue, it might not be a taboo
    subject but usually people don’t speak about these subjects.
    To the next! Kind regards!!

    Comment by cell phone spy kit — September 6, 2014 @ 5:36 pm

  18. WOW just what I was looking for. Came here by searching for best cell phone spy kit

    Comment by cell phone spy uk — September 7, 2014 @ 4:51 am

  19. My family always say that I am killing my time here at web, but I know I am getting familiarity all the time
    by reading such nice content.

    Comment by Uksed — November 8, 2014 @ 1:51 am

RSS feed for comments on this post. TrackBack URI

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

Blog at

%d bloggers like this: