YET ANOTHER SOCIAL MEDIA DISASTER: FACEBOOK POST BY FAMILY MEMBER VIOLATES CONFIDENTIALITY AGREEMENT

The case is Gulliver Schools v. Snay decided in the Florida District Court of Appeals on 2/26/14. The ruling in this case may be viewed here.

Snay, a former headmaster at Gulliver Schools, sued for age discrimination under Florida State law after his contract was not renewed. The parties reached a settlement that included $80,000 for Snay and $60,000 to his attorneys. There was also a confidentiality provision stipulating that there would be an $80,000 claw back if either Snay or his wife revealed the terms of the agreement. Snay’s daughter then wrote a post on Facebook stating, “Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT.” Many of the daughter’s friends were current or former Gulliver students. The school sued for the claw back. The lower court ruled for Snay on grounds that the Facebook post was not a violation of the provision, but the appeals court reversed. I guess the European vacation is out.

by Art Gutman, Ph.D., Professor, Florida Institute of Technology

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