Five People Interested in Your Facebook Profile and Wall Postings (That You Don’t Want Looking)(And Tips to Guard Your Information ▼)

In our Orwellian age of government and corporate incursion into our electronic and digital communications, privacy has become a precious commodity, if not an all-out luxury.  Over the years, many people have complained about the inadequacy of Facebook’s privacy settings and how they do not always curb others’ ability to view wall postings, including people with whom you have no desire to share information.  Here are five people who commonly seek to view your Facebook profile and the potential legal repercussions with each one.

1. Your Boss

With the prevalence of social media and other ubiquitous digital distractions, it’s understandable that employers will want to ensure the productivity of their workers.  After all, barring the “social media marketing companies,” most employers are not paying their employees to sit around and send tweets or post pictures on Facebook, at least not for personal reasons.  

However, some employers exceed the legally-acceptable boundaries of appropriate policing of their employees’ social media activity.  This includes asking their employees to reveal their passwords.  (Some bosses or managers even retaliate against their employees by firing them for posting certain content).  And you might be asking...is any of this legal?

Under California Labor Code Section 980 prohibits, a California employer is prohibited from asking a job applicant or employee to:

a) reveal his or her username or password so the employer can gain access to a personal social media account;

b) access a personal Facebook, Twitter or other social media account in the employer’s presence; or

c) reveal the contents of one’s personal social media account.  

(Note: “Social media” also includes text messages and e-mails).

However, an employer can do the following: 

ask the employee to allow the employer access to an employer-issued digital device

ask the employee to disclose personal social media if relevant to a formal investigation

send an employee “friend request”  

More prohibitions on creepy employer behavior regarding your social media...

Your employer cannot prohibit you from discussing work conditions, such as wages, hours or other terms or conditions of employment, with other employees in a confidential or non-public social media setting. For example, chatting on Facebook, sending each other messages via instant messenger, texting each other or posting on each other’s Facebook walls is protected conduct even if the content is derogatory or pejorative as regards the employer as long as it’s related to the above (work conditions). (However, except in perhaps very limited circumstances, bashing the employer’s product or services is not protected). An experienced employment lawyer can help you understand your California labor rights and get you monetary compensation if your boss has violated them.

2. Creditors

As millions of debtors have fallen behind on their credit card and other bills in the recent years, collection efforts and creditor-on-debtor lawsuits have become more and more common.  One way creditors try to obtain information about their debtors (regarding assets, ability to pay back the debt, employer information, etc.) is, obviously, social media. Collection agencies are aware of how oblivious or even reckless many people can be with their privacy and the information they share.  Social media users will often freely disseminate details about their work and personal lives. 

Be mindful that this kind of nonchalant posting of personal information will not go unnoticed by predatory creditors and collection agents.  If you have defaulted on your loans or credit cards, and you posted the name of the company you work for, don’t be surprised to receive a call at your place of work after a collection agency has figured out the identity of your employer by looking at your Facebook wall. Granted, you have the right not to receive such calls but it would still behoove you to be reasonably guarded about your private life, right?

Social media voyeurism is real. Unsolicited or unwanted viewing of your social media profile can feel like  someone is watching you in the shower.  

3. Law Enforcement 

It has never been easier for local, state and federal authorities to police the public.  On a more controversial note, the so-called National Security Agency (NSA) and other domestic spying organizations appear to have almost unfettered access to Americans’ private digital information and communications.  The bottom line is this: you are being watched. 

Police agencies across the United States have caught and continue catching people with open bench and arrest warrants and picking them up by tracking their whereabouts via social media.  Also, many social media users post braggadocio about their exploits, some of them not-so-legal.  This includes posing with drug paraphernalia, drinking alcohol (illegal if you’re a minor), posing with weapons or flashing gang signs and insignia (which can come in handy for prosecutors when they are prosecuting or trying a gang-related offense), admitting or confessing to a crime, or engaging in other ill-advised behavior.  

Under the Fifth Amendment to the US Constitution, you have the right to refrain from self-incrimination.  In this surreal era of ubiquitous police surveillance, it would be wise to exercise that right.

4. Financial Scammers

It is easier than ever for hackers and financial criminals to perpetrate identity theft, credit card fraud or other financial crimes given the easy access people unwittingly give them via Facebook, Twitter and other resources.  You can be sure predatory financial sociopaths are on the prowl for your personal information, including your full name, birthday and mother’s maiden name, all of which are available online if you post your actual full name, your real birth date and have your mother as your Facebook friend (using her maiden name).  

It is not outside the realm of possibility for burglars who have been staking your house to use your Facebook posts or Twitter feed to track your every move.  “I’m at the ball game” or “I’ll be on vacation the next two weeks” are great tip-offs for criminals who will seek to take advantage of this information to burgle your house.  

Don’t be stupid.  Be discriminating with what you choose to reveal online. 

5. Stalkers 

Cyberstalking is a criminal offense in California and carry severe criminal repercussions for people engaging in repeated, unsolicited, unwanted digital communications.  California Penal Code Section 646.9.  Related crimes include criminal threats under California Penal Code Section 422 and statutes relating to domestic violence. 

Our firm both prosecutes cyberstalkers in a civil setting (restraining order and/or civil suit for monetary damages) and defends persons who have been wrongfully accused of cyberstalking. 

Be mindful of your:

password

birthdate

employer information

privacy settings

mother’s maiden name

social security

address

These things may seem like common sense but they are often forgotten given how busy people are with their daily lives.  Taking the necessary precautions can prevent creepy stalkers and hackers, as well as nosy employers and abusively intrusive law enforcement personnel, from gaining access to your personal information through your online profile. 

The Coimbra Law Office is a full-service firm with an emphasis on Criminal Defense and Civil Litigation.  Call us at 1-855-325-5245 or visit us at CoimbraLaw.com if you have questions or would like to schedule a consultation.  Free initial consultations available.  

Disclaimer: Nothing in this article or anywhere on this blog constitutes legal advice of any kind. Pictures above are featured for illustrative purposes only and are no reflection on the person depicted whatsoever. Attorney licensed in the State of California and, therefore, accepts California cases only.

Ten Ways People Turn Their Business Dream Into a Nightmare (and How You Can Avoid These Pitfalls and Ensure Long-Term Success)

By #CoimbraLaw Glendora Business Lawyers

Starting a business can be one of the most exhilarating events in your life.  To put your dreams of financial and career independence on the road to fruition is nothing short of thrilling.  But, done recklessly or without careful planning or investment, it can be chilling.  An unexpected event against which you are uninsured or unprotected can ruin your business. Also, in this litigious age, all it takes is a customer or employee with a gripe and a lawyer to undo everything you ever worked for.  Here are ten common legal, business and personal pitfalls that you can help guard against to help protect your dream of business ownership. 

                                                       
1. Not Getting Insurance

Having to incur what seem like unending business costs (no matter how “necessitous”) can be irritating and demoralizing.  However, there are certain costs which you may neglect to pay at your own risk.  One of them is insurance.  You can probably live without the luxurious office or expensive office supplies. But insurance is a “sine que non” of running a business.  Without insurance, you are potentially putting your personal assets on the line in the event of a crippling lawsuit.  This can include everything you have worked for. Do not be stingy when it comes to insurance.  Get it. 

You might be asking, “I formed a corporation.  Isn’t that enough to protect me from safeguarding my personal assets from a judgment?”  Not necessarily.  A plaintiff can seek to “pierce the corporate veil,” and, if the court determines that certain factors militate against your business being treated as a corporation (with all it’s safeguards), your personal assets can be at stake.

While this is certainly not an exhaustive list, some of the factors courts look at to make this determination include: 

Lack of corporate records

Inaccuracy of corporate records

Misrepresentation or concealment of members

Intermingled assets (between shareholder(s) and the corporation)

Undercapitalization of the business entity

Failure to observe certain corporate formalities.

Certainly, forming a corporation, in appropriate circumstances, can help you avoid personal civil liability.  But the perils of the court not treating your entity as corporation for purposes of a lawsuit can be dreadful and impoverishing.  Business insurance may help offer an additional layer of protection. 

2. Disobeying the Labor Laws

California labor laws are among the most stringent and punishing (for non-compliant employers) in the nation. Here are some of the mistakes for which employers can suffer financially-crippling lawsuits:

Failing to timely pay their employees the minimum wage

Failing to timely pay “non-exempt” employees overtime compensation

Failing to provide wage statements that delineate certain key elements

Failing to reasonably accommodate physically disabled employees

Failing to engage in the “interactive process” with employees with a known or perceived medical condition

Failing to provide bereavement leave

Discrimination against an employee who falls under a protected status (under the Fair Employment Housing Act) FEHA

Failing to place wage orders in a conspicuous fashion at the work site

Failing to carry workers compensation insurance

The list of requirements for employees is lengthy and somewhat tedious.  And these are only a few of the requirements with which California employers must abide or face civil penalties.  All it takes is one successful labor lawsuit to destroy your business.  Don’t be cheap or lazy.  If you are a small business owner, our employment law attorneys at the Coimbra Law Firm can provide you with the necessary guidance to help you avoid exposure to litigation.   We can review your records and conduct an “audit” of your policies to help ensure compliance so that you can sleep at night and not have to worry about a lawsuit that could threaten your business. 

3. Not Respecting The Law Of Balance (Taking on Too Much Work)

One thing that most successful entrepreneurs have in common is that they are workaholics.  Many or most derive pleasure from investing their own creative efforts and energy in growing their business and building something about which they can be proud.  Certainly, it is a commendable trait...to an extent.  Investing an inordinate amount of personal time can have the opposite effect by exhausting you mentally and physically, such that you are ultimately unable to carry on, especially when the “going gets tough.”   Breathe. Relax. Plan a vacation, if at all possible.  Even if it is not to your remote fantasy island, a vacation that allows you to take personal time and unwind can do wonders for your psyche and physique.  When you are through with your vacation, you will be that much more invigorated and ready to take on the daily challenges of running your business. 

4. Not Preparing for the Lean Times

“Beginner’s luck” can be both a blessing and a curse.  While it is a source of great encouragement to have the good fortune of being able to attract lots of clientele early on in your business, don’t count on it lasting forever.  No matter how appealing your goods or services, or no matter how clever and effective a salesman or saleswoman you are, you are bound to face the vicissitudes of the business cycle.  For either microeconomic or macroeconomic reasons, or a sheer reversal of fortune, we are all susceptible to financially lean times at one point or another.  It is, therefore, indispensable to have some financial cushion on which you can rely for personal or business expenses.  Don’t get too cocky and start blowing your initial profits on profligate spending.  Save for a rainy day. 

5. Not Being Sufficiently Wary of Business Schemes

If you have watched enough episodes of CNBC’s “American Greed” and the seemingly-never ending parade of financial sociopaths featured on that program, you will be mindful of the hucksters and spinsters preying on vulnerable people, including business startups like you.  Many entrepreneurs are anxious to get a financial boost to supercharge their launching. Financial predators are well aware of the ambition and, unfortunately, naïveté, of many novice businesspeople. Be extremely wary and suspect of people promising the proverbial “moon and stars” with shady investment schemes or promises of quick wealth in exchange for even nominal amounts of money.  The old adage, “if it seems to good to be true, it is” cannot be repeated often enough.

6. Being Too Afraid of Risk

Failure in business is a fact of life.  A significant number of small businesses go belly-up in their first year. But don’t let this paralyze you with fear. If, indeed, you earnestly believe that your business idea, product or service can meet a particular demand, and you can earn wealth for yourself and your loved ones as a result, don’t be afraid to pursue your dreams.  It has been said enough times to sound trite and banal, but this concept carries a great degree of truth.  In fact, failure can often be a good stepping stone to long-lasting success once any weaknesses in your business plan are identified and rectified in favor of tenable and sound business ideas.  

7. Being Too Risky (The Importance of Calculated Risk)

Many people will wax poetic about taking risks to pursue a personal business dream or passion, even at the abandon of reality and reason.  But there are reasonable limits to everything, including the notion of starting your own business.  While fear of failure can handicap you and prevent you from “reaching for the stars,” a certain amount of fear can be healthy.  It will impel you to “do your homework” and do the necessary research to see whether, in fact, it is wise to pursue your business.  In other words, risk should be “calculated” by the circumstances.  Do you have some semblance of a plan for your business? Do you have the capital to make the necessary investments and incur the needed start-up costs?  Do you feel there is a demand for your product or service? These are not questions meant to dishearten you.  While being intrepid in the face of market adversities is commendable, it’s equally important not to be foolhardy.  There is a healthy balance: risk tempered with planning and caution.

8. Killing Yourself With Overhead

I spoke earlier about the importance of incurring certain business costs, such as insurance. But it is equally important to measure your costs.  An expensive website, a luxury office and fancy office furniture are all examples of costs you should consider refraining from making.  You don’t want to turn your relationship with your business into a “marriage of convenience” where you are “stuck” because you are overwrought with financial obligations.  You want your work to be as “digestible” and enjoyable as possible.  So take it easy with the business credit card and use it wisely.

9. Taking Shortcuts to Make Ends Meet

Running a business can be mentally and physically draining and exhausting, especially in the beginning while you are trying to lay the groundwork for a permanent and prosperous operation.  Sometimes it can be tempting to avoid having to fulfill certain requirements, like getting the necessary permits or licenses to run your business. While the temporary convenience is alluring, the benefits are, in fact, “temporary.”  It’s only a matter of time before the appropriate city and/or state officials discover that you don’t have a business license or that you don't have the appropriate infrastructure for a place of public accommodation.  For example, many businesses neglect to comply with the Americans with Disabilities Act (ADA) which requires that, if your premises are for “public accommodation,” your building or location have the necessary features to make it accessible to disabled persons.  While you may initially be saving potentially thousands of dollars in repairs or modifications by refraining from doing this, you may be subjecting yourself to extremely costly litigation (that can far exceed any cost of repairs) if you are sued for non-compliance.  Don’t be stingy: take the necessary measures to ensure you minimize exposure to legal liability of any kind.

10. Not Knowing a Good Lawyer

Many of us feel invincible because we have the intelligence and initiative to start our own business.  So it’s easy to get a bit cocky and think we can personally handle whatever comes our way, including legal matters.  However, California’s laws, rules, regulations pertaining to businesses are legion. And they are extremely intricate, detailed and complex.  Get to know a good business lawyer who can help you “navigate the waters.”  Many entrepreneurs even have a lawyer on “retainer” whom they can consult on an ongoing basis to answer important legal questions they are forced to confront as business-owners. 

Having the courage to abandon a 9-to-5 in favor of your own business is laudatory and admirable.  It can be the source of great financial prosperity as well as the personal satisfaction that you embarked on your own path to career independence.  Just make sure to avoid pitfalls that can undermine your business. Be sure you take the proper steps to ensure long-term, headache-free business and financial success.  In this regard, the Coimbra Law Firm offers small businesses a review of their policies and procedures.  If your business is currently facing a lawsuit or a criminal charge or investigation, our business law firm may be able to help you.  Our firm has the experience and knowledge to help defend you. If you have a question or would like a consultation, feel free to reach us at our toll free hotline, 1-855-325-5245 or via e-mail at Esquire@CoimbraLaw.com

Disclaimer: Nothing in this article or anywhere on this blog constitutes legal advice of any kind. Pictures above are featured for illustrative purposes only and are no reflection on the person depicted whatsoever.  Attorney licensed in the State of California and, therefore, accepts California cases only.