Would Facebook actually sue whistleblower Frances Haugen for taking thousands of internal company documents? It might, if only to intimidate other employees from coming forward, but the public relations consequences could be severe.
The company says it has been mischaracterized. “I think most of us just don’t recognize the false picture of the company that is being painted,” CEO Mark Zuckerberg wrote to employees on Tuesday.
In an Associated Press interview Thursday, Facebook executive Monika Bickert repeatedly referred to the documents Haugen copied as “stolen,” a word she has also used in other media interviews. David Colapinto, a lawyer for Kohn, Kohn and Colapinto who specializes in whistleblower cases, said that language was threatening.
Asked about her risk because she went to the media, Haugen’s lawyer, Tye, maintains that because Haugen went to the SEC, Congress and state authorities, she’s entitled to whistleblower protections. He said any suit from Facebook would be “frivolous” and that Facebook has not been in touch.Courts haven’t tested whether leaking to the media is protected under Dodd-Frank, but Colapinto said the U.S.
Haugen effectively used leaks to the media to turn up the pressure on Congress and government regulators. Colapinto said her disclosures had a public-interest purpose that could complicate enforcing the NDA if Facebook chose to do so.Facebook probably wants its veiled threats to unnerve other employees or former employees who might be tempted to speak out.
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