The short answer is – yes. The longer answer is that in Texas employers generally are free to monitor employee social media postings and other online activity. However, an employer’s use of the information obtained from monitoring is not 100% risk-free.

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A few tips on how to maintain your personnel files so they don’t become a source of damaging evidence in a lawsuit. In almost every employment case, one of the first things your ex-employee will ask for is a copy of his personnel file. In fact, ex-employees will often ask for a copy of their file before litigation begins (or even before a demand letter is sent). The documents you keep in your employees’ personnel files may turn into evidence that can be used against you.

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