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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
When will a derogatory comment posted on a social networking site amount to defamation?
What can an employer do if an employee posts a derogatory comment about it on a social networking site?
What are the defences available to an employee who has posted a potentially defamatory comment about his or her employer on a social networking site?
What are the defences available to a social networking site where an individual has posted a defamatory comment about his or her employer?
Can a defamatory comment posted by an employee on his or her Facebook page be used as evidence in the employee's disciplinary proceedings?
If the identity of the person who posted derogatory comments about it on a social networking site is unknown, what should the employer do?
If an employee has used social media to make a defamatory comment about one of his or her employer's competitors, what should the employer do?
If a potentially defamatory or otherwise unlawful statement has been posted by a former employee, the employer should submit an electronic report and/or a formal letter of demand to the host site requesting the immediate removal of the material.
In addition, the employer should write to the former employee demanding removal of the content and putting the individual on notice of the causes of action that it has against him or her. These could include damages for breach of contract, if the former employee’s contract of employment and/or any compromise agreement contain post-termination restrictions, such as clauses prohibiting the disclosure of confidential information.
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