New social media platforms keep evolving. Instagram. Facebook. Snapchat. Twitter. LinkedIn. WhatsApp. YouTube. Tumblr. But that’s not all. The concept also can apply to letters to the editor, message boards, chat rooms, newsletters, blogs, online forums, and other electronic means through which people share information.
Social media has created a lot of headaches in the workplace. Employees may think their posts are private and disparage the company, reveal sensitive information, or belittle colleagues, bosses, or customers. Some employees do it inadvertently. Some do it from ignorance. Some just don’t care if they damage the reputation of an employer, a customer, or their colleagues.
Employees have been known to post lewd photos, talk about how dull their work is, troll or bully colleagues, take hateful positions on politics, or make racist or sexist comments. Postings like these bring shame to the company, the workplace environment, and to fellow workers.
An incident dubbed “Cisco Fatty” involved a newly-hired employee who tweeted that she would be getting a “fatty paycheck” but would “hate the work.” She lost the job. Others make fun of customers or co-workers. Some point out that the company’s products have inferior quality or cost too much.
In other cases, employees are proud of their work and spill the beans online. They may post to a Facebook page that they are working late because their company is about to land a new account…only to lose the business when a competitor finds out.
It is common now for prospective employers, customers, competitors, lawyers, and business acquaintances to look up the person they are dealing with on social media. They quickly find out the person’s lifestyle, habits, hobbies, religion, political and social beliefs, family, and friends.
Social media not only can embarrass the employer, it also reduces productivity. According to one report (Team Lease World Report), employees spend an average of over two hours per day in the workplace posting on social media. This is productive time that might otherwise advance the interests of the company.
The following are some guidelines that employers may want to consider when it comes to social media:
GUIDELINES.
Employees who use social media must adhere to the organization’s guidelines and expectations, including its privacy policy and code of conduct.
Employees should consider the impact of their social media postings have on their own professional image, as well as the image of the organization and the trust and respect the organization’s customers or other constituencies have for it. Employees would do well to remember that information posted on social media may be public for a long time.
Employees are expected to use good judgment in posting on social media.
Examples of prohibited social media include, but not limited to, commentary or content that is defamatory, lewd, pornographic, false, proprietary, harassing, libelous or contributes to a hostile work environment.
Employees should not reveal private customer or co-worker information online. Employees should get permission before posting images of current or former employees, vendors, customers, or suppliers. Employees should respect the privacy of current or former employees, vendors, customers, or suppliers.
Employees should not post sensitive, private, proprietary, or confidential company information (i.e., unannounced product launches and promotions, new or lost accounts, internal sales results, company strategy, pricing information, products ordered, etc.)
Social media use shouldn't interfere with employee’s job responsibilities. Personal use of social media networks or personal blogging of online content should not be permitted on the employer’s computer systems.
If employees publish content after‐hours that involves work or subjects associated with the employer, they should be encouraged to include a disclaimer, such as this: “The postings on this site are my own and may not represent the company’s positions, strategies or opinions.”
Employers should not condone or facilitate the bullying or harassment of others, be it related to employees, former employees, or members of the public.
Employees should know that they are legally responsible for the content that is posted. Employees should respect brands, trademarks and copyrights.
In crafting a social media policy, it should be noted that the National Labor Relations Board has taken the position that an employer’s social media policy should not prevent employees from engaging in "protected concerted activity" (i.e. the right of employees to band together for better wages, working conditions, etc.) The NLRB has stated that employees have the right to address work-related issues and share information about pay, benefits and working conditions with coworkers on social media as part of their “concerted activity” but that “just individually griping about some aspect of work is not ‘concerted activity.’”
Swanson Hatch, P.A. is a law firm founded by two former Minnesota Attorneys General: Lori Swanson and Mike Hatch, who consecutively served as Attorney General of the State of Minnesota for 20 years, from 1999 to 2019. Lori Swanson served as Attorney General from 2007 to 2019. Prior to that, she served as Solicitor General of the State of Minnesota and Deputy Attorney General. She also previously served as Chair of the Federal Reserve Board’s Consumer Advisory Council in Washington, D.C. She can be reached at lswanson@swansonhatch.com, or at 612-315-3037. Mike Hatch served as Attorney General from 1999 to 2007. Prior to that, he served as Commissioner of the Minnesota Department of Commerce for seven years. He can be reached at mhatch@swansonhatch.com, or at 612-315-3037.
www.swansonhatch.com
431 South Seventh Street, Suite 2545
Minneapolis, MN 55415 612-315-3037
The materials in this article are for informational purposes and do not constitute legal advice, nor does your unsolicited transmission of information to us create a lawyer-client relationship. Sending us an email will not make you a client of our firm. Until we have agreed to represent you, nothing you send us will be confidential or privileged. Readers should not act on information contained in this article without seeking professional counsel. The best way for you to inquire about possible representation is to contact an attorney of the firm. Actual results depend on the specific factual and legal circumstances of each client’s case. Past results do not guarantee future results in any matter.
New social media platforms keep evolving. Instagram. Facebook. Snapchat. Twitter. LinkedIn. WhatsApp. YouTube. Tumblr. But that’s not all. The concept also can apply to letters to the editor, message boards, chat rooms, newsletters, blogs, online forums, and other electronic means through which people share information.
Social media has created a lot of headaches in the workplace. Employees may think their posts are private and disparage the company, reveal sensitive information, or belittle colleagues, bosses, or customers. Some employees do it inadvertently. Some do it from ignorance. Some just don’t care if they damage the reputation of an employer, a customer, or their colleagues.
Employees have been known to post lewd photos, talk about how dull their work is, troll or bully colleagues, take hateful positions on politics, or make racist or sexist comments. Postings like these bring shame to the company, the workplace environment, and to fellow workers.
An incident dubbed “Cisco Fatty” involved a newly-hired employee who tweeted that she would be getting a “fatty paycheck” but would “hate the work.” She lost the job. Others make fun of customers or co-workers. Some point out that the company’s products have inferior quality or cost too much.
In other cases, employees are proud of their work and spill the beans online. They may post to a Facebook page that they are working late because their company is about to land a new account…only to lose the business when a competitor finds out.
It is common now for prospective employers, customers, competitors, lawyers, and business acquaintances to look up the person they are dealing with on social media. They quickly find out the person’s lifestyle, habits, hobbies, religion, political and social beliefs, family, and friends.
Social media not only can embarrass the employer, it also reduces productivity. According to one report (Team Lease World Report), employees spend an average of over two hours per day in the workplace posting on social media. This is productive time that might otherwise advance the interests of the company.
The following are some guidelines that employers may want to consider when it comes to social media:
GUIDELINES.
In crafting a social media policy, it should be noted that the National Labor Relations Board has taken the position that an employer’s social media policy should not prevent employees from engaging in "protected concerted activity" (i.e. the right of employees to band together for better wages, working conditions, etc.) The NLRB has stated that employees have the right to address work-related issues and share information about pay, benefits and working conditions with coworkers on social media as part of their “concerted activity” but that “just individually griping about some aspect of work is not ‘concerted activity.’”
Swanson Hatch, P.A. is a law firm founded by two former Minnesota Attorneys General: Lori Swanson and Mike Hatch, who consecutively served as Attorney General of the State of Minnesota for 20 years, from 1999 to 2019. Lori Swanson served as Attorney General from 2007 to 2019. Prior to that, she served as Solicitor General of the State of Minnesota and Deputy Attorney General. She also previously served as Chair of the Federal Reserve Board’s Consumer Advisory Council in Washington, D.C. She can be reached at lswanson@swansonhatch.com, or at 612-315-3037. Mike Hatch served as Attorney General from 1999 to 2007. Prior to that, he served as Commissioner of the Minnesota Department of Commerce for seven years. He can be reached at mhatch@swansonhatch.com, or at 612-315-3037.
www.swansonhatch.com
431 South Seventh Street, Suite 2545
Minneapolis, MN 55415
612-315-3037
The materials in this article are for informational purposes and do not constitute legal advice, nor does your unsolicited transmission of information to us create a lawyer-client relationship. Sending us an email will not make you a client of our firm. Until we have agreed to represent you, nothing you send us will be confidential or privileged. Readers should not act on information contained in this article without seeking professional counsel. The best way for you to inquire about possible representation is to contact an attorney of the firm. Actual results depend on the specific factual and legal circumstances of each client’s case. Past results do not guarantee future results in any matter.