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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.Extract from article by Michael Arnold and Brent Douglas
In Howard v. Hertz Global Holdings, Inc., a Hawaiian Federal Court found that Hertz Rent-a-Car could not be held responsible for its employee’s Facebook comments about one of its customers. While employers should welcome the outcome, it did turn on the facts, and could have produced a different result under different circumstances. Employers therefore, should consider installing safeguards to ensure proper social media use by their employees.
The employee had posted comments over social media making fun of the customer’s sexual orientation, announcing that his credit card had been declined, accusing the customer of being a faker who pretended to have money, and encouraging people to “run that faka over!!! lol.” In response, the customer sued Hertz for negligent supervision, negligent retention, and negligent training. All three claims require proof of the typical negligence factors: duty, breach of duty, causation, and damages.