Is it legal for an employer to tell you to log into your personal Facebook account so that they can view a terminated employee’s page?

Asked on October 16, 2015 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is most likely illegal. Laws limit an employer's ability to access, or demand access to, an employee's Facebook page, or to view someone's page under false pretenses e.g. going in via your page to see the ex-employee's page. That said, the law in this area is still evolving and is far from settled, and if you refuse and suffer some negative consequence, it could be expensive to vindicate yourself and is not guaranteed that you'd succeed. So while the law is likely on your side, you need to weigh the possible consequences as well as what, if anything, on your or the ex-employee's page you want to avoid showing your employer, before deciding what to do.


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