Who owns a company’s social media accounts when the employee in charge of said accounts leaves the company?

Adris Health, LLC v. Nankivell, a case coming out of the Southern District of N.Y., answers this question: the employer!

In this case, Ashleigh Nankivell worked for Adris Health, LLC as the company’s Video and Social Media Producer. Her duties included, among other things, maintaining the company’s blogs and social media accounts. To allow Nankivell to perform her duties, the company granted her exclusive access to the log-in information for various websites and social media accounts. Upon termination of her employment, however, Nankivell refused to relinquish the company passwords. As a result, Adris was unable to access and update its social media accounts. Adris therefore instituted a cause of action to compel its former employee to release the access information.

The court required that Nankivell relinquish the access information, even before a decision on the merits, because the employer would face irreparable harm. The Court reasoned that social media represents an important aspect of a company’s business, as companies use social media to respond to trends and reach vital consumers. Without the access information, Adris was unable to take advantage of new opportunities and trends.

If you have any questions regarding an employee’s rights to social media, or any other employment matter, call Mark & Galusha, attorneys who specialize in employment law. Contact us at 908-626-1001, 973-440-2311 or visit our website at www.markgalushalaw.com.