.hidden: {display:none;}; .visible: {display:block;}; Social Media - The Law Firm of Faegre Baker Daniels

Social Media

In today's wired world, people are spending an increasing amount of time and publishing increasingly personal information on social media websites such as Facebook, Twitter, MySpace, LinkedIn and many others. Twenty years ago, you would not have been able to learn about treatment for an employee's disability, read about how much an employee dislikes his job or find your company's confidential information on a public forum with only a few clicks. Now, you can learn this and more. But should you?

You know your employees are online, but you may not be sure how or whether you should monitor their activity and whether you can act on what you find. Faegre Baker Daniels can help you navigate the many pitfalls of social media use — from concerns about learning too much information to policing employees' social media activities. Our experienced professionals have counseled employers on these and many other topics and make it a priority to stay up-to-date on new developments, including new social media regulations, new interpretations or even new websites that are sure to cause headaches for employers.

Regarding privacy and cybersecurity, our lawyers counsel clients on social media, e-commerce, outsourcing, mobile marketing, online behavioral advertising and transborder data flows. We work with our litigation teams to provide practical solutions to restrictions on transfers of data in the context of international discovery.

Our team counsels clients on the following social media-related issues:

  • Drafting internal policies, including those governing employees' social media use, outlining do's and don'ts and regulating off-duty communications
  • Taking disciplinary action in light of the National Labor Relations Board's position on social media use and protected, concerted activity
  • Using social media as part of candidate screening
  • Avoiding the pitfalls of discovering too much about an employee and/or candidate using social media and the implications with respect to their protected status
  • Handling speech that is potentially protected under Title VII and whistleblower laws, particularly complaints of alleged discrimination or harassment
  • Protecting trade secrets and other confidential information from employee disclosure
  • Navigating special considerations for public employers under First Amendment protections
  • GINA implications arising from employers' and employees' social media use


Amie Peele Carter, Indianapolis
+1 317 237 1180


Transmission of information to us via this feature does not establish an attorney-client relationship. Do not send any information that you would have treated confidentially.