Internet Privacy: Oxymoron
Employees are increasingly concerned about losing their privacy because of the Internet. All the while, they’re losing more of it every day. A Canadian employee has allegedly lost her insurance benefits because of pictures she posted on Facebook. (Click here and here.)
Suffering from major depression, the IBM employee was on leave and collecting sick-leave benefits under an employer-sponsored insurance plan. Her doctor told her to spend time with family and friends. She went on a beach vacation with her mother and met friends at a bar there. After posting beach and bar pictures of her and others on her Facebook page, the employee claims that the insurance company cut off her benefits and her employer constructively fired her because she appeared to be having fun and couldn’t be depressed.
Let’s not dwell on the difference between Canadian and American law. Let’s not speculate on the employee’s chances in a lawsuit she’s filed.
Let’s talk about the dangers of posting pictures and such on the Internet. This isn’t the first time an employee has been in trouble because of this. (Click here and here). It won’t be the last. Employers, insurance companies and businesses of all kinds use the Internet for all kinds of purposes, including hiring, firing, investigations and heaven knows what else.
At present, employers have latitude in using what employees have posted on the Internet against them. After all, the employees have put it (whatever it is) out there for the world to see. In so doing, they may have lost any claim of privacy about what they’ve posted. This is an area of the law that’s murky, made more so by the speed of technology and the glacial movement of the law.
Post at your peril. Internet privacy is indeed an oxymoron.
For two other posts on this case, see Molly DiBianca and Jon Hyman.
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About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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About Larry Bridgesmith
While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
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I think the reason this case comes out of Canada, is that we Canadians generally disapprove of folks having fun — at least in public! Good article, John.
And Happy Thanksgiving in the US. We’re a month ahead of you in the turkey dept.
Brian,
Thanks for your comment. Greetings from the U.S. Knowing you, I’m not sure about your assertion that Canadians disapprove of folks having fun, as I’ve seen you have fun, even in public.
Have a good rest of the year.
John