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Journal Article
You're Fired: Pack Everything but Your Social Media Passwords
2015
Overview
The global proliferation of social media has transformed online platforms -- once used almost exclusively by young, tech-savvy Millennials -- into transcontinental mediums of communication and expression. The social and cultural impact has been truly prolific. But until recently, social media's economic impact was less clear. Now, though, myriad evidence indicates the potential commercial advantages stemming from social media's use. But while social media's place in commerce is now established, the legal consequences of its misuse in the workplace are nebulous. Courts and legislatures have struggled to balance the competing interests of business autonomy and employees' privacy rights, ultimately resulting in a patchwork of judicial holdings and reactive legislation. This legal ambiguity has prompted a recent trend in employment-contract drafting that threatens to disrupt social media's market potential. Coupled with a balancing of the equities approach, an analysis of pertinent principles of contract, privacy, and tort law shows that employees' rights should prevail.
Publisher
Northwestern University (on behalf of School of Law)
Subject
