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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.