Can the employer monitor, access, review the employee’s electronic communications?
Employers are entitled to restrict an employee’s use of Internet and social media during working hours. Employers may also place limits on the use of employer-provided technology outside of working hours. Like any workplace rule, an employer’s Internet and social media policy must be clear and well-publicized in order to be relied upon by the employer in issuing discipline.
Employee’s Use of Social Media to Disparage the Employer or Divulge Confidential Information
Although employers are generally not entitled to discipline employees for off-duty conduct, this will not be the case where an employee’s actions are significantly injurious to the interests of the employer, or infringe the rights of other employees. For example, many employees have been disciplined or discharged for engaging in “cyber-bullying” or online harassment of other employees.