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Hawaii Federal Court Rules Hertz Rent-a-Car Not Responsible for Employee’s Facebook Comments

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.

Click to view case

Click to view case

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.

– See full story here: http://www.natlawreview.com/article/employer-not-responsible-employee-defaming-customer-facebook

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