Standing Naked In Front of Your Window
May 8th, 2009If you stand naked in front of your window, do you have a right to complain if people look?
In effect, that’s what you’re doing every time you put “private” or “personal” information in an e-mail or on the Internet.
You may be in your own private living room when you stand naked in front of that window. But the rest of us can see in. And at least some of us will look.
I often advise clients not to put anything inflammatory or damaging into an email or any document circulated widely enough that it could end up in print or on the air as part of a news story. That goes double for private or personal information you put on the Internet – on Facebook, Linked-In, MySpace, YouTube or Twitter, for example.
Bartender Brian Pietrylo is learning that lesson the hard way. He created a MySpace page that fellow employees at a Houston’s restaurant in Hackensack, N.J., used to poke fun at the restaurant’s managers, customers and décor.
Pietrylo and girlfriend/waitress Doreen Marino were fired after mangers logged into the by-invitation-only, password-protected site using another employee’s password.
Pietrylo says the company violated the privacy of the employees by logging into a private site that employees accessed on their own time. The argument’s headed to court next month.
I don’t how the court case will come out. The Wall Street Journal quoted one lawyer as saying the employees might have a right to privacy in their non-work-created communications with one another, which I suppose means he thinks Pietrylo might win in court. I’m skeptical about that.
But it doesn’t matter. Pietrylo and his girlfriend have lost their jobs and any potential employer who Googles his name for a long time to come will find references to this story. Would you hire a bartender with a history of creating a Web site where other employees could make fun of you and your customers?
Pietrylo says Houston’s violated his privacy and the privacy of other employees who used the MySpace site to air their grievances. But what about the customers who were ridiculed? Do they have a legal case against Pietrylo and the other employees if they’re defamed by having what was said about them become public?
I often tell media training clients that anything said to or within earshot of a reporter is fodder for a story – whether you say it to the reporter or even that s/he’s present.
Ditto for anything that gets posted on the Internet or put into an email or a document circulated widely enough that someone could leak it to the media.
I don’t have any sympathy for Pietrylo and his girlfriend. Private or not, the MySpace site was a place to foment dissension and discontent within the restaurant where they worked. It was only a matter of time before the bosses found out.
Don’t make the same mistake.
That’s my two cents’ worth. What’s yours?