Dealing with reputational harm: Anonymous postings by employees

Companies should insure that they have policies in place that make it clear that targeted conduct is prohibited


Companies typically think that harmful or false statements may come from disgruntled customers or competitors. In Part 1 and Part 2 of this three-part series, we explored the options that companies have when an anonymous defamatory statement is posted on social media, a blog or the company’s own website. But what happens when the anonymous postings appear to come from an employee within the company? Reputational harm can be particularly bad when it comes from an employee with access to company trade secrets or other confidential information. Employers must have appropriate policies in place to proactively deal with employees who engage in this kind of conduct, but they also have to recognize that there are limits on what can be done given employees’ rights to engage in protected activity under the National Labor Relations Act (NLRA).

Contributing Author

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Mary E. Gately

Mary E. Gately is a partner at DLA Piper LLP (US) in Washington, DC and is the co-chair of the litigation department and Co-Managing partner...

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