SOCIAL NETWORKING BY EMPLOYEES
– WHAT IS AN EMPLOYER TO DO?
With millions of Americans participating
daily on various social networking websites, it is safe to assume that many of
your employees are among them, and maybe in ways not favorable to their
employment or your organization. As an
employer, you can guard against social networking by employees that may be
harmful to your business or organization, but you need to exercise caution and
understand the limits on controlling and monitoring employee use of social
media.
HOW FAR IS TOO FAR?
Employers have interests in (i) limiting
and monitoring employee postings on social networking and other websites,
particularly postings that might cast the employer in an unfavorable light, and
(ii) viewing postings by employees and prospective employees that may provide
information about the poster that can be used legitimately for
employment-related reasons. But in
certain situations, those interests may run up against laws designed to protect
employee privacy and other rights. For
instance:
• Federal labor laws may limit an
employer’s right to take action against an employee who posts complaints about
his employer.
• These laws also prevent “spying” on some
types of employee activity – which may be interpreted to prevent employers from
monitoring (a) public websites for employee participation on those sites and
(b) other employee communications. However, in some circumstances, monitoring employee emails, telephone
and other communications that utilize employer-provided equipment may be
permissible – if the employer has a properly drafted and published policy.
• Employers also need to be careful about
searching social networking and other websites for information on applicants
and employees. For example, if the
search reveals information about the person that may be a characteristic
protected by non-discrimination laws – such as age, nationality, mental or
physical condition, religion, sexual orientation or even political affiliation
(depending on what state and local laws govern the employer) – the employer may
face an allegation that a subsequent adverse action (not being hired, not being
promoted, terminated, etc.) was impermissibly motivated by the information
learned.
POLICING THE NEW FRONTIER
Many problems can be avoided by (i)
establishing a company social media policy and by keeping it updated, (ii)
training employees about the policy and acceptable social networking
activities, and (iii) administering and enforcing the policy consistently. While an effective social media policy must
be tailored for a particular organization’s culture and operations, important
elements for such a policy that should be considered include:
• Protecting confidential information of
the company – employees cannot blog about, post, or otherwise discuss or
disclose sensitive information, such as trade secrets and the identity of
clients and customers.
• Protecting employee information –
confidential information about employees should also remain confidential. Employees need to respect the privacy
concerns of other employees.
• Prohibiting conduct that is also
inappropriate and prohibited offline (such as discriminatory, harassing or
violent conduct, or illegal activities), and making clear that conduct that
would be grounds for discipline (including dismissal) if perpetrated “in real
life” is subject to the same punishment if done online.
• Instructing that use of the internet and
social media sites (if allowed) must not interfere with work or violate company
policies.
• Clearly stating that employees have no
expectation of privacy when using the employer-provided computer network and
other communication systems.
• Prohibiting use of the company logo or
other intellectual property without explicit approval by authorized company
personnel.
• Warning employees that their postings
cannot suggest or imply that they are speaking on behalf of the company.
Received this as a forward? Click here to subscribe | Click here to unsubscribe
|
Find us on Facebook
