MDNews - San Antonio

+++++++++++++ + + +++++++++++++ LEGAL +++ +++ FRIENDS WITHOUT BENEFITS: RISKS TO EMPLOYERS WHO ACCESS EMPLOYEES' FACEBOOK ACCOUNTS By Cynthia Ellis Rosen and Katie Anderson T 14 | San Antonio MD NEWS ■ MDNEWS.COM HE USE OF social media is nearly ubiqui- tous — e.g., your grandmother probably has a Facebook account. Understandably, some employers have attempted to use social media to monitor employees' conduct or to research job candidates' backgrounds. At first, the idea may seem prudent and harmless. Because the law in this area is emerging and undefined, however, you should be aware that stepping into employees' virtual lives can mean stepping into a legal minefield. A recent Texas case, Sumien v. CareFlite, illustrates this point. Robert Sumien and Jan Roberts were emergency medical technicians employed by air medical transportation service CareFlite and were Facebook "friends." Roberts posted a Facebook comment about wanting to slap a patient. A third party saw the post, was offended and reported it to CareFlite's compliance officer. Roberts later posted another comment about her safety fears on some calls, ending with, "I think that is a valid excuse for wanting to use some sort of restraints. Just saying." In response, Sumien, her partner, posted: "Yeah like a boot to the head. … Seriously yeah restraints or actual HELP from PD instead of the norm." CareFlite ultimately fired Roberts and Sumien. Sumien sued CareFlite for unlawful termina- tion, intrusion upon seclusion and public disclosure of private facts. The case demon- strates that employees who are terminated on similar grounds may now have additional legal tactics in their arsenal — such as common

• Cover