Employers violating worker privacy by cyber-snooping on clarkhoward.com

The Houston's restaurant chain is being sued in federal court by two ex-employees. Both were fired over comments in cyberspace they wrote about a manager in an invite-only forum.

Management gained access to a private MySpace forum where staffers were blowing off steam about their job after threatening to fire one employee if she didn't divulge her password.

We're not talking about the use of company computers here. This involved employees going online on their own time while using their own computers, according to The Wall Street Journal.

Not surprisingly, the dismissed employees allege a violation of their privacy in the lawsuit.

No matter the outcome of this case, this is one of those situations where everyone comes out looking bad. A respected restaurant chain has its name muddied in court because they couldn't handle the fact that the rank and file may not have liked one supervisor. And the fired employees have to find new work in a tough economy.

In the old days, when you spoke in anger, the fallout was usually limited to those within earshot. But comments in cyberspace have a certain permanence. What you post as a teenager may come back to haunt you.

That's why Clark advises people never to send an e-mail when they're angry. You should instead save it as a draft and then revisit it the next day before sending it off.

Want your say on this issue? Be sure to vote in our poll!

UPDATE: In June, a jury ruled in favor of the ex-employees.

What others are saying

Boundaries people, Boundaries!
Everyone knows that it's a mistake to vent in person, in email, and on your myspace page.
According to Clark, they took it a step further, and needed password entry into a private forum. That's not the public web that you can google; the supervisor had to threaten another employee's job just to powertrip and get the info he wanted. What's next? Bugging the employee's cellphone? Following them after work? Asking friends and family what was said and what they do? After hours, an employee's life and soul are their own, Not their bosses. If the boss has such a problem with it,the problem is with management, not the employee.
By Faighley @ 05/21/09 07:23:52 PMreport abuse
Employers violating worker privacy by cyber-snooping
Hey - if an employee is stupid enough to vent then they should suffer the consequences. This situation is no different than the boss overhearing something in the bathroom. However, the supervison in this case SHOULD be charged with using his/her power to force the employee to give the chat room access - that definately is a no no!
By kathleen wark @ 05/18/09 08:03:36 PMreport abuse
employer snooping
when you put it out on the net you take your chances that someone you don't want to read it will read it. Employers are scanning social sites and use the info to weed out potential employees. And why would you put it out there about a company you work for, especially in the service industry. you only hurt the business and yourself
By Jack Barrett @ 05/18/09 07:17:10 PMreport abuse
Employer computer Snooping
First , this is an invasion of every american privitecy right I can think of. We may as well, dump the US Constatution in the trash-can and adopt Communisum, as a way of life.
By Glenn Mbson,PhD @ 05/18/09 04:01:53 PMreport abuse
Employer snooping
I work for a very large technology company. Bashing them would hurt our business, which in turn could cause for employment problems down the road. If you don't like the company you work for, leave it. There are plenty of people looking for work and would be happy to fill your seat. As far as I'm concerned, you represent your job everyday you are employed there. Let's face it, employees are the company. For people who left a job because they were unhappy there, well, I don't think a company can do anything about that if the person doesn't work for them any longer. Unhappy customers, on the other hand, can cause a business alot of problems and if the business was smsrt, they'd pay attention to that.
By JT from Connecticut @ 05/18/09 02:49:44 PMreport abuse
Employers watching e-notes of employees
It's my understanding that we, for now, still have the freedom of speech clause in the US Constitution. 'Till that's taken away from us, what I say about my job, AWAY FROM my job, should be considered free speech, and protected.
By Dave Wooldridge @ 05/18/09 02:39:11 PMreport abuse
employers snooping
Absolutly, if they would have done it when I was working, the company wouldn't have folded, too many personnel goofing off, and not getting the work done.
By sandshell @ 05/18/09 02:10:59 PMreport abuse
work place
once you have left the work place the company or your boss no longer can tell you what you can or can not do. there rights end at the gate.If he or she still trys to tell you what you can or can not do. they can be arrested and jailed for vialation of your rights.
By Danny @ 05/18/09 12:16:45 PMreport abuse
Venting
Venting on one's own time and computer isn't a crime. It's a lack of basic ethics and emotional maturity when a manager who used the website by their own design to "phish" for reasons to fire some one. Forcing an employee by way of coercion to reveal a pass word is wrong fundamentally and ethically.

I've seen businesses fail time after time because the owners were cocaine addicts or drunks who wonder off into the woods instead of being responsible and taking charge of a company. That type are more common than not in the mid west. A lot of managers are blatant frauds who falsified their credentials or had them falsified by some state entity or community college. They never learned how to treat employees with anything but profanity, threats and intimidation. The employees in the mid western states have no legal rights and no recourse against shady employers.

Venting helps releive pent up emotions as well as allowing people to share their thoughts. If the boss can't take it, then he/she should resign.
By Jerry @ 05/15/09 11:12:18 PMreport abuse
Job....Postings
1. Never write anything down you don't want someone to read.
2. When you go to work somewhere, you are there to earn money. Posting negetive facts about the company is cowardly.
3. If you really want to make a change, then go to the proper authorities, or hire an attorney for a class action law suit.
4. Quit. Working for a bad company, regardless of how many 'blow off steam' postings you make still chips away at your core personally--hopefully a good one!
5. When you took the job, you also took the problems it has. Decide do I want to earn a wage, or do I want to just make waves at work. How much truth is in the postings anyway?
By Kitten Jones @ 05/15/09 02:01:57 PMreport abuse
job frustrations
Today, everyone is having job problems- even if they still have one- some are treated like dirt so that they can "quit" w/o unemployment tax an issue by the employer. Others are overworked, others underpaid. I would be carefeul about what you say on the company e-mail site using company computer. But for those who are violating their rights and going to MySpace...or whaterver, sorry .But, no. that is wrong. Like one prev poster said: just venting out. If someone admits to stealing on MySpace, but has no "evidence" at work, then too bad. Stealing is wrong, but going on to MySpace and "diggig" is wrong too.

My guess: they were going to be fired anyway and this employer just wanted a reason.
By SP @ 05/15/09 11:44:25 AMreport abuse
caution required
This guy went to far, but...
*thinks*
If I post that I hate my job, hate my boss, etc, the company should over look it. Venting is a way of relieving stress, and should be tolerated.
If a company checks up on you and find that you are spreading out confidential information, that should be legal and be grounds for dismissal.
If you post that there are rats in the kitchen eating the food but there isn't, that can be libel.

There is a line between private and business. It is hard to keep them apart, but with diligence and caution it can be handled fairly.
By Earl @ 05/15/09 11:32:29 AMreport abuse
Employer's spying
Clark, let's take this scenario back a few years and see if it would still fly... Years before the internet, people passed around journals, the equivalent to today's blogs. Do you think for one moment, that an employer has any right to view this journal? NO. A journal is as private as today's "private" blog sites. We all have the right to vent, we have the right to vent with peers in private. I hope the lawsuit kicks Houston's restaurant butt, because had no right to intimidate and view this private blog any more than they would have had a right years ago to obtain permission to a private journal. Make sense?
By Dinese @ 05/14/09 07:18:50 PMreport abuse
unauthorized access?
I wonder if what the management did isn't
an unauthorized computer access, if they did not contact the system administrators for access.
By rnb @ 05/14/09 07:00:20 PMreport abuse
Invite-only forum vs Public
i can't believe Houston's is making a big deal about an invite-only forum. it's not a public forum where the whole world can read the comments.

i'm going to stay away from Houston's. if they don't respect their employee's privacy, will they respect my privacy as a customer??
By z @ 05/14/09 04:47:22 PMreport abuse
Dangers of email
I agree with Clark in the last paragraph. Two weeks ago I was upset with a coworker and instead of talking face to face, I fired off an email with my concerns. He forwarded it to others and basically got the whole office involved. I was put in an uncomfortable situation.
By Matt @ 05/14/09 03:16:46 PMreport abuse

Boundaries people, Boundaries!

Everyone knows that it's a mistake to vent in person, in email, and on your myspace page.
According to Clark, they took it a step further, and needed password entry into a private forum. That's not the public web that you can google; the supervisor had to threaten another employee's job just to powertrip and get the info he wanted. What's next? Bugging the employee's cellphone? Following them after work? Asking friends and family what was said and what they do? After hours, an employee's life and soul are their own, Not their bosses. If the boss has such a problem with it,the problem is with management, not the employee.

By Faighley @ 05/21/09 07:23:52 PMreport abuse

Employers violating worker privacy by cyber-snooping

Hey - if an employee is stupid enough to vent then they should suffer the consequences. This situation is no different than the boss overhearing something in the bathroom. However, the supervison in this case SHOULD be charged with using his/her power to force the employee to give the chat room access - that definately is a no no!

By kathleen wark @ 05/18/09 08:03:36 PMreport abuse

employer snooping

when you put it out on the net you take your chances that someone you don't want to read it will read it. Employers are scanning social sites and use the info to weed out potential employees. And why would you put it out there about a company you work for, especially in the service industry. you only hurt the business and yourself

By Jack Barrett @ 05/18/09 07:17:10 PMreport abuse

Employer computer Snooping

First , this is an invasion of every american privitecy right I can think of. We may as well, dump the US Constatution in the trash-can and adopt Communisum, as a way of life.

By Glenn Mbson,PhD @ 05/18/09 04:01:53 PMreport abuse

Employer snooping

I work for a very large technology company. Bashing them would hurt our business, which in turn could cause for employment problems down the road. If you don't like the company you work for, leave it. There are plenty of people looking for work and would be happy to fill your seat. As far as I'm concerned, you represent your job everyday you are employed there. Let's face it, employees are the company. For people who left a job because they were unhappy there, well, I don't think a company can do anything about that if the person doesn't work for them any longer. Unhappy customers, on the other hand, can cause a business alot of problems and if the business was smsrt, they'd pay attention to that.

By JT from Connecticut @ 05/18/09 02:49:44 PMreport abuse

Employers watching e-notes of employees

It's my understanding that we, for now, still have the freedom of speech clause in the US Constitution. 'Till that's taken away from us, what I say about my job, AWAY FROM my job, should be considered free speech, and protected.

By Dave Wooldridge @ 05/18/09 02:39:11 PMreport abuse

employers snooping

Absolutly, if they would have done it when I was working, the company wouldn't have folded, too many personnel goofing off, and not getting the work done.

By sandshell @ 05/18/09 02:10:59 PMreport abuse

work place

once you have left the work place the company or your boss no longer can tell you what you can or can not do. there rights end at the gate.If he or she still trys to tell you what you can or can not do. they can be arrested and jailed for vialation of your rights.

By Danny @ 05/18/09 12:16:45 PMreport abuse

Venting

Venting on one's own time and computer isn't a crime. It's a lack of basic ethics and emotional maturity when a manager who used the website by their own design to "phish" for reasons to fire some one. Forcing an employee by way of coercion to reveal a pass word is wrong fundamentally and ethically.

I've seen businesses fail time after time because the owners were cocaine addicts or drunks who wonder off into the woods instead of being responsible and taking charge of a company. That type are more common than not in the mid west. A lot of managers are blatant frauds who falsified their credentials or had them falsified by some state entity or community college. They never learned how to treat employees with anything but profanity, threats and intimidation. The employees in the mid western states have no legal rights and no recourse against shady employers.

Venting helps releive pent up emotions as well as allowing people to share their thoughts. If the boss can't take it, then he/she should resign.

By Jerry @ 05/15/09 11:12:18 PMreport abuse

Job....Postings

1. Never write anything down you don't want someone to read.
2. When you go to work somewhere, you are there to earn money. Posting negetive facts about the company is cowardly.
3. If you really want to make a change, then go to the proper authorities, or hire an attorney for a class action law suit.
4. Quit. Working for a bad company, regardless of how many 'blow off steam' postings you make still chips away at your core personally--hopefully a good one!
5. When you took the job, you also took the problems it has. Decide do I want to earn a wage, or do I want to just make waves at work. How much truth is in the postings anyway?

By Kitten Jones @ 05/15/09 02:01:57 PMreport abuse

job frustrations

Today, everyone is having job problems- even if they still have one- some are treated like dirt so that they can "quit" w/o unemployment tax an issue by the employer. Others are overworked, others underpaid. I would be carefeul about what you say on the company e-mail site using company computer. But for those who are violating their rights and going to MySpace...or whaterver, sorry .But, no. that is wrong. Like one prev poster said: just venting out. If someone admits to stealing on MySpace, but has no "evidence" at work, then too bad. Stealing is wrong, but going on to MySpace and "diggig" is wrong too.

My guess: they were going to be fired anyway and this employer just wanted a reason.

By SP @ 05/15/09 11:44:25 AMreport abuse

caution required

This guy went to far, but...
*thinks*
If I post that I hate my job, hate my boss, etc, the company should over look it. Venting is a way of relieving stress, and should be tolerated.
If a company checks up on you and find that you are spreading out confidential information, that should be legal and be grounds for dismissal.
If you post that there are rats in the kitchen eating the food but there isn't, that can be libel.

There is a line between private and business. It is hard to keep them apart, but with diligence and caution it can be handled fairly.

By Earl @ 05/15/09 11:32:29 AMreport abuse

Employer's spying

Clark, let's take this scenario back a few years and see if it would still fly... Years before the internet, people passed around journals, the equivalent to today's blogs. Do you think for one moment, that an employer has any right to view this journal? NO. A journal is as private as today's "private" blog sites. We all have the right to vent, we have the right to vent with peers in private. I hope the lawsuit kicks Houston's restaurant butt, because had no right to intimidate and view this private blog any more than they would have had a right years ago to obtain permission to a private journal. Make sense?

By Dinese @ 05/14/09 07:18:50 PMreport abuse

unauthorized access?

I wonder if what the management did isn't
an unauthorized computer access, if they did not contact the system administrators for access.

By rnb @ 05/14/09 07:00:20 PMreport abuse

Invite-only forum vs Public

i can't believe Houston's is making a big deal about an invite-only forum. it's not a public forum where the whole world can read the comments.

i'm going to stay away from Houston's. if they don't respect their employee's privacy, will they respect my privacy as a customer??

By z @ 05/14/09 04:47:22 PMreport abuse

Dangers of email

I agree with Clark in the last paragraph. Two weeks ago I was upset with a coworker and instead of talking face to face, I fired off an email with my concerns. He forwarded it to others and basically got the whole office involved. I was put in an uncomfortable situation.

By Matt @ 05/14/09 03:16:46 PMreport abuse

Listen Live:

Clark On Demand:

Clark's Advice:

Consumer Action Center:

Quick Links:

Clark Media:

Call The Show:

May 14, 2009 -- Employers violating worker privacy by cyber-snooping

What others are saying