Decision Shines Light on How Not to Investigate Employees Online

We previously contended that applicants and employees might create “phantom” social media profiles to thwart employer inquiries into their online conduct. In Trapp v. DHS, the tables were turned when a supervisor created a fictitious Facebook profile to investigate allegations that an employee posted inappropriate comments on his Facebook page. When the employee was terminated as a result of his Facebook page’s contents (and another charge), he disputed his termination in arbitration. The arbitrator determined that the employee’s Facebook profile was private because the employee had limited access exclusively to his Facebook friends.