First, what is Social Media anyway?
Social media encompasses broad online activities that uses any web-based technology to broadcast messages and/or participate in dialogues. Examples of social media include: Facebook and MySpace, Linked In and Plaxo, Foresquare and Yelp, YouTube, Twitter, and blogs.
According to the polling firm YouGov, 42% of office workers between the ages of 18 and 29 discuss work-related issues on blogs and social networking sites. But an April 2010 study sponsored by the Chubb Group of Insurance Companies found that 64% percent of surveyed organizations don’t have a policy guiding how employees should talk about their companies on such sites. In 2009, the Federal Trade Commission (FTC) issued new guidelines stating that those who endorse products or services on blogs, Twitter or Facebook must disclose any “material connections” they have with the endorsed company, which can include payment or free products and services. How does this affect employees who discuss their jobs on social networks? Employees MUST disclose employment relationship when commenting about their employers, products or services online.
There are three types of employee blogs:
1) Company intranet intended for employees to communicate with fellow employees;
2) External internet intended for external clients and consumers usually posted on your company website; and lastly,
3) The employee’s personal blog which may be on their personal website or on Facebook.
Can you fire an employee when you discover they have a personal sex blog?
Can you fire an employee for venting about a customer on Facebook?
The answer is MAYBE if you have a clear social media policy stating these violations. There is a thin line between the company’s best interests and violation of your employees’ first amendment right to free speech. The National Labor Relations Board (NLRB) announced that it is suing a non-profit company for firing 5 employees after they criticized working conditions, including workload and staffing issues. The NLRB is arguing that Social Media Postings Constitute Concerted Activity. All employers need to keep an eye on legal developments regarding social media.
Here is what you need to consider when implementing a social media policy.
- Incorporate contexts from the employee handbook policies such as code of conduct and internet policies.
- The social media policy should apply to both company and PERSONAL blogs.
- Blog posts should NOT disclose any company information that is confidential and/or propriety.
- If an employee comments on any of the company’s business they must identify themselves as an employee and include a disclaimer. The disclaimer should state “the views expressed on this post are mine and do not reflect the views of YOUR COMPANY’s NAME”
- Blog postings should respect copyright, privacy, financial disclosure and other applicable laws.
- Employees should NOT claim or imply that they are blogging on the company’s behalf.
- Corporate blogs (located on your company website) requires certain approvals when the employee is blogging about the company.
- The Company reserves the right to request that certain subjects are avoided, withdraw certain posts and remove inappropriate comments.
