You’ve just graduated from college and have been offered your first “real” job a
ID: 410624 • Letter: Y
Question
You’ve just graduated from college and have been offered your first “real” job at StuffMart! The HR department asks you to come in 1 week before your start date to fill out paperwork, authorize a background check, etc. You arrive to find a stack of papers and forms and start completing them when you come across a form entitled “Social Media Policies." Much to your surprise, the form contains blanks for you to fill in your login ID and passwords for all social media sites that you use (like Twitter and Facebook). Under these lines, the form explains that as an employee of StuffMart, you authorize the company to monitor your social media, authorize the company to have access to your login/passwords, and expressly agree that you will not post any negative or derogatory statements about StuffMart or its employees on any social media site. Discuss what legal issues are presented here and whether you do or don't have a constitutional basis to refuse to comply with StuffMart’s Social Media Policies. The post should be a minimum 2 paragraphs and incorporate 2 different terms/phrases from this week's constitutional reading (in all CAPS).
Explanation / Answer
UNDER SOME SPECIAL CONDICTIONS THERE IS AN AUTHORITY WITH THE STATE LAWS TO OVERRULE ANY KIND OF FEDERAL RULES BUT IN THE CASE PRESENTED, THERE IS AN INCIDDENT WHERE STATE RULES ARE OVERRULED BY THE FEDERAL LAWS. WHENEVRE ANY EMPLOYER ASK THE PROBABLE CANDIDATE FOR THE SOCIAL MEDIA ACCOUNTS USERNAME/ID AND PASSWORDS IT CLEARLY STATES THAT ALL STATES RULED AGAINST IT AND THE EMPLOYER DOES NOT HAVE THE RIGHTS ANYMORE TO DEMAND THE USERNAMES/ID AND PASSWORD OF EMPLOYEE’S. IT IS QUITE CLEAR FROM THE DIFFERENT LAWS THAT IT ISS COMPLETELY PROHIBITEED BY THE COMPANY TO ASK THE PASSWORD OR USER NAME OF SOCIAL MEDIA ACCOUNTS FROM CUSTOMER, CANDIDATE, OR EMPLOYEE
IN MY OPINION, SUCH KIND OF DEAMDNS FROM THE EMPLOER IS COMPLEETELY UNCONSTITUTIONAL AND VIOLATES FIRST AND FOURTH AMENDMENT IN WHICH A RIGHT TO BE FREE OF UNWANTED SEARCH AND SEIZURE” IS PROVIDED TO ALL. THIS RULE CAN ONLY BE VIOLATED IF THERE IS PROBABLE CAUSE AND REASONABLE DOUBT THAT A CITIZEN’S SOCIAL MEDIA ACCOUNT HOLDS INFORMATION OR CONTAINS EVIDENCE OR VIOLATES ANY LAW THEN WITHOUT A WARRANT THEN NO ONE HAS ANY PRIVATE NOR PUBIC REASON THE ASK ANYONE, ESPECIALLY EMPLOYEE’S, TO ACCESS ANY INFORMATION ABOUT ANY OF THEIR SOCIAL MEDIA ACCOUNT USERNAMES/ID AND PASSWORDS
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