Bracewell’s Becky Baker spoke with TechTarget reporter Patrick Thibodeau how employers need to proceed with caution on proactively searching electronic communications to identify employees who may have participated in the US Capitol protests.
“There’s going to be a line between was an individual engaging in unlawful conduct or were they engaging in peaceful protest conduct?” said Baker. “One reason an employer might shy away from a social media deep dive is it’s going to be very difficult for them to know the precise facts.”
According to Baker, it may be reasonable for employers to review corporate emails if they suspect they are about illegal activity. But for an employer “to take action or want to take action, it’s going to have to be a fairly clear policy violation” she added.