An Illinois marketer created personal Twitter and Facebook accounts and then used them to promote her employer's business. As its director of marketing, public relations, and e-commerce, she also blogged from her employer's website. But then came a horrific car accident that kept her from work for an extended period. In her absence, her employer used her personal media accounts to stay in touch with her followers—and its customers.

What happened. "Mason" worked for the Susan Fredman Design Group (SFDG) and was paid based on how profitable the firm was. SFDG is a large and well-known interior design firm in the Chicago area. In mid-September 2009, Mason and a co-worker were struck by a car while they were conducting company business. The accident caused Mason traumatic brain injury, and she was subsequently out of work for more than 8 months.

Although her Twitter and Facebook passwords were in a locked file on SFDG's server, other employees were able to access the accounts, and they sent numerous messages to Mason's friends and followers. These both updated readers on Mason's condition and promoted SFDG and its work. From her hospital bed, Mason demanded that SFDG stop using her personal accounts, but the firm refused.

Later in court, she explained that her own accounts served a dual purpose: She promoted not only SFDG but also her own reputation as a marketer, which she could take with her to any new employer. In fact, she had 1,250 Twitter followers. SFDG hired a guest blogger for its own site but continued to post on Mason's accounts. In 2011, now with a new employer, she sued for violation of the Stored Communications Act and the Lanham Act.

What the court said. The federal district judge explained that the Stored Communications Act prohibits unauthorized access to electronic accounts. Under the Lanham Act claim, Mason claimed false endorsement, and the judge agreed that she had shown SFDG's "intent to commercialize an interest in her identity." But the judge rejected Mason's attempt to charge violation of the Illinois Right to Publicity Act. With her first two claims, however, she must now show, probably to a jury, that SFDG's unauthorized posts caused financial injury—and how much. Through discovery, the judge said, she must assess the damages she seeks. Maremont v. SFDG and Susan Fredman, U.S. District Court for the Northern District of Illinois, No. 10 C 7811 (2011).

Point to remember: SFDG had no social media policy, which it badly needed since it chose to promote its business through those media. Such a policy can be crucial to a firm that relies on personal relationships and reputations.

For tips on implementing an effective policy, read Smarten Your Social Media Policies.