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If divulging the secrets of his company on the occasion of an evening with friends has always been a fault on the contractual level, the employer rarely got wind of the affair and could hardly - in the opposite case - provide the proof of this breach. The audience and the confidentiality of the disclosure were largely controlled by the author of the disclosure. The same cannot be said when the disclosure of confidential information is done through a publication on a “private” Facebook profile, but to which more than 200 people have access, among which are colleagues and employees of competing companies. Such is the error made by Mrs. A… who was denounced to her employer by one of her “friends”, screenshot in support. The employer thus alerted to the indiscretions of one of his project managers, sought to establish the extent of the disclosure by investigating the identity of the people who had access to the photos in the next collection, cross-checking if necessary. information available on Facebook with that available on “professional” social networks. Following these investigations, the employer proceeded with the dismissal for misconduct.
