
So, she filed a lawsuit essentially over ownership of the LinkedIn account. Technically, she won. She established that the employer:
- Violated 42 Pa.C.S. § 8316 - Unauthorized Use of Name
- Committed the tort of Invasion of Privacy by Misappropriation of Identity
- Committed the tort of Misappropriation of Publicity
However, she lost on the tort of conversion because the LinkedIn account is not a "tangible chattel" but an "intangible right to access a specific page on a computer" (accordingly, it's not clear if anybody really "owns" a LinkedIn account). The Court also noted that Plaintiff would have established liability for tortious interference with contract . . . if she had sufficiently proven actual damages.
Which brings us to Plaintiff's ultimate downfall. She offered testimony that she had contracts with her LinkedIn connections and argued that the Court should calculate damages as the average dollar amount of contracts per LinkedIn connection, prorated for the months in which she lost control of the account. She failed to really tie lost contracts to the LinkedIn account though. The Court recognized that she established wrongdoing on the part of the employer, but she failed to "establish[] with some reasonable certainty the damages she sustained from that wrongdoing." So, she won $0.
I should note that Plaintiff was pro se (representing herself). I'm actually impressed that she was able to establish liability for "ownership" of her LinkedIn account, especially given the lack of precedent. No doubt future litigants will bring expert witnesses and find a way to more definitively establish damages.
My view on takeaways for employers? When employees leave - let them take their individual social media accounts with them. Note that we are not talking about an organization's social media accounts (like a company profile on LinkedIn, employer's Facebook page, or Twitter account in the name of the employer). I think those should stay with the employer. But there will probably be some gray areas in between.
For more coverage, check out Sara Hutchins Jodka's Employer Law Report.
I should note that Plaintiff was pro se (representing herself). I'm actually impressed that she was able to establish liability for "ownership" of her LinkedIn account, especially given the lack of precedent. No doubt future litigants will bring expert witnesses and find a way to more definitively establish damages.
My view on takeaways for employers? When employees leave - let them take their individual social media accounts with them. Note that we are not talking about an organization's social media accounts (like a company profile on LinkedIn, employer's Facebook page, or Twitter account in the name of the employer). I think those should stay with the employer. But there will probably be some gray areas in between.
For more coverage, check out Sara Hutchins Jodka's Employer Law Report.
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