course material

1. business law 390 discussion post regarding employment law and
employer social media account access
Hey, this a discussion post I have due for next week. The school provided us with a situation
and I believe our response should be an analysis using the IRAC method (Issue, Rule,
Analysis, Conclusion). Please provide 2 references.Bellow I have copied and pasted the
situation and exactly what the school is requesting.Employment Law7.6 – Discussion:
Employer Social Media Account AccessThe SituationSally calls and sounds very worried. She
indicates that the State of Florida is considering legislation to restrict employers from
accessing the social media accounts of employees and perspective employees. You reply,
“That’s bad! This is probably a result of the senator whose account was hacked and
doubled-exposed, which caused him to lose the election for Governor. It appears he was
hacked by “hacktivists” through his employer’s dedicated Human Resource
account. Sally, you know that I built the entire background checks for prospects and
employees on that system, and this could cause us to have an increase in HR costs, as well as
encounter legal liability for negligent hiring through dependence on an out-sourced
background check.You can find more information about someone through a simple Internet
search, since everyone so easily posts, texts, and Instagrams their lives on social media.
It’s the best way to avoid hiring and rehiring employees who don’t fit the employee
profile we are looking for to staff our restaurant.” Sally responds that she agrees and
suggests you research the issues to determine if there is legislation that the state will
replicate. “Boy-oh-boy, some people just don’t understand that no one cares about
privacy anymore. If they did, why would so many people expose themselves on the
Internet? It’s not like it’s in the Constitution.”You state, “Sally, I know
you’re just kidding. But you are right, it’s not in the United States Constitution. It
does not contain any explicit right to privacy. However, The Bill of Rights, expresses the
concerns of James Madison along with other framers of the Constitution for protecting
certain aspects of privacy. The issue of whether the Constitution actually protects the right
to privacy in ways not described in the Bill of Rights is a controversial subject. Originalists
often argue that there is no general right to privacy within the constitution. However, as
early as 1923, the Supreme Court, recognized through decisions that the liberty given in the
14th amendment guarantees a relatively broad right of privacy.”“With every Internet
company collecting more information on you than the CIA, (No, Sally, the real one, not your
school, The Culinary Institute of America) how could there ever be an expectation of

2. privacy?” Sally then snapped, “We better look into this right away, as there may be
more to this than we think.” “Not only that,” Sally added, “our table ordering
and pay APP is intended to gain access to customer’s mobile devices so they can take selfies
to post to our Blog and connect with our system each time it’s sent from the device. Our
advertising scheme is tied to that system. Oh my, this is really serious!―Your
AssignmentPost a discussion detailing your perspective of the impact that current
legislation has on this issue and add a “Pro and Con― table for six areas covered in the
current legislation passed by other states.Use the Employer Access to Social Media Accounts
Overview (DOCX) as your guide.Use this Pro Forma (DOCX) as a guide to post your
response.___________________________________________________________________________________________Th
e course book is Business Law Today, 11th edition, Author: Miller, R. L. ISBN: 978-
1305644526 (Hardcover) 978-1337222334 (eBook) (NOTE: Chapters for this week’s
assignment are: CH.23, CH.24, CH.25)Plus, the supplementary material attached to this
assignment can be seen bellow