Can my job ask me about what my spouse puts on his Facebook page?

Can my job ask me questions about what my spouse puts on his Facebook page? No threats. My spouse is not employed at the place I work.

Rita Risser Chai Replies:

It depends. I once told my spouse about something that happened at my job, and he posted it on Facebook. It wasn’t confidential information, but it definitely wasn’t something any of us wanted to see online. I quickly demanded he take it down and as far as I know, no one saw it. But what if they had? My boss would have had a perfect right to reprimand me for telling my husband work information. So, if what your spouse is posting has anything to do with your work, then yes, your job can ask you about it.

What if it is not explicitly about your workplace but somehow related? For example, let’s say you work in Human Resources, and one of your duties is preventing discrimination. Imagine if your spouse was posting racist memes. I think that the company could at least ask you if you agree with what your spouse is posting. It may go even farther than that. What if people at your workplace were afraid to come to HR to complain about race discrimination because of what your spouse posted? It’s complicated.

The further removed it is from your work, the less legitimate interest the employer has. However, even if the employer has zero reason to care about what your spouse posts, the next question is what are your legal rights. You have a right to privacy, which includes not having your personal life being held against you at work. There is no government agency that enforces that law. You would have to get an attorney to represent you. Unless you could show some significant loss—for example, if you were fired from your job—it may be difficult to find an attorney to take it without paying a retainer.

And to those in management we say: don’t do this unless you really have a legitimate reason!

Posted 02-24-2020

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.