From the Hotline: Employee Social Media Postings

Question: Our employee is on leave on a workers’ compensation claim, and we have just observed social media (Facebook) postings that reveal the employee’s case may be questionable. What should we do?

Answer: Remember that an employee’s social media account may be subject to privacy protections in many jurisdictions unless it is set to public. In addition, some postings by employees may be considered protected concerted activity under the National Labor Relations Act (NLRA). We recommend contacting your workers’ compensation adjuster and notifying him or her of your findings, and then leave any investigation to the carrier to research. At that time you have provided relevant information for the carrier to perform an assessment of acceptance or denial of the claim filed.