As most business owners know, the actions and inactions of an employee can greatly impact your company's image. When the action is a positive experience, it reflects well on the company. The exact opposite happens when an employee acts in a way that is considered unacceptable. Unfortunately, if that poor conduct occurs online, the employer may be limited in the actions they can take. Learn more about the investigation of an employee's social media account, including how to avoid violations under the Stored Communications Act.

Unsavory Social Media Behavior

If your company has an image to protect - be it honesty, integrity, compassion, or top-notch customer service - then you may already have a social media policy in place. Unfortunately, some employees may still break the rules, even with the rules in place. If that happens, you may need evidence from an investigation before you can bring action against the offending employee (i.e. termination, lawsuit, etc.). Without it, you may be at risk for litigation. Yet conducting it can also place your company at risk, especially if you violate the SCA.

Long gone are the days of doing everything on paper. Pictures and important documents are stored in the cloud. People often connect more with the people on their social media account than their neighbors. Even business contracts are sent and signed digitally. Are digital contracts an effective or legal option for businesses though? Can they stand up in the face of business litigation, or are digital contracts a lawsuit waiting to happen?

Uniform Electronic Transaction Act

In 1999, a total of 47 states adopted the Uniform Electronic Act, which indicates electronic signatures may be considered just as valid and legally binding as a manual one. The state of Illinois did not accept this law, but many digital signatures are considered valid. However, it is important to note that electronic signatures on negotiable instruments are not considered valid in the state of Illinois. Further, there may be additional restrictions placed on the validity of a specific contract or signature.

Typically made between two or more consenting parties, companies, or entities, contracts may be used during sales and purchase transactions, and for jobs or services rendered. They may also be used when hiring an employee, freelance worker, or contractor. At their core, they are a legally binding and enforceable promise - but only if all required elements are present. Lack of even just one element can render the contract null and void. Learn more about the essential elements of a contract, and what it takes to enforce one through a breach of contract case, with help from the following information.

What Makes a Contract Valid?

Before there can be a breach of contract, there must first be a valid contract. What, exactly, makes a contract valid? First, there must be an offer, or the intent to enter a contract. Second, there must be an acceptance of the contract's terms. This acceptance does not have to be in writing, but oral contracts can be difficult to prove. As such, contracts should be written using clear and concise language. The last element of a valid contract is a consideration or the giving and receiving of something of value. One-sided contracts are not typically enforceable, nor are contracts that cover a prior service or transaction.