When an employer is held liable for the acts of their employees, it is a type of legal exposure known as vicarious liability. Determining if an employer will be held vicariously liable for an employee’s comment will depend on the nature of the comment itself. Was the comment made during what could reasonably be considered the course of their employment such as during working hours or on a company account or device.  If so, the employer will likely be seen as sufficiently connected with the wrongful act, and therefore, will be held vicariously liable for the employee’s comments. However, if the employer is able to prove that the comment was made by their employee, entirely of their own volition, with no reason to tie it back to them, they may be excused of liability. In any event, it is always best practice for an employer to have a social media policy in place in order to (a) prevent “liability events” from occurring and (b), to help mitigate their involvement in the event that they do occur.