At the end of a long day, you may find yourself, like millions of other executives all over the world, kicking back and relaxing with a glass of wine, watching tv, and scanning your tablet.
Those handy dandy iPads, etc. have become a staple in most homes, and it is hard to resist scrolling through your Facebook or Twitter news feeds daily. In an ever-changing technological world, the lines have become blurred between boss, employee and friend, as many of your subordinates may be your “friends” on social media outlets. When those friends post a photo of themselves out drinking at a concert the night before they call in sick to work, it has put many a manager in an ethical quandary.
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While you may have been tempted to log on to Twitter after such an event and post something like hey @employee #yourefired, it may not be the best course of action.
Social media is a quickly evolving and confusing area when it comes to employment law. Seen by the changing attitudes and rulings from the National Labor Relations Board. Currently on its website you will find this:
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The National Labor Relations Act protects the rights of employees to act together to address conditions at work, with or without a union. This protection extends to certain work-related conversations conducted on social media, such as Facebook and Twitter.
In 2010, the National Labor Relations Board, an independent federal agency that enforces the Act, began receiving charges in its regional offices related to employer social media policies and to specific instances of discipline for Facebook postings. Following investigations, the agency found reasonable cause to believe that some policies and disciplinary actions violated federal labor law, and the NLRB Office of General Counsel issued complaints against employers alleging unlawful conduct. In other cases, investigations found that the communications were not protected and so disciplinary actions did not violate the Act.
We asked, Jennifer Compton, a Florida Board Certified Labor & Employment attorney with Shumaker, Loop & Kendrick LLP in Sarasota, Florida, how to protect yourself as an employer while also staying current:
“No matter what size business you run, having a clear, concise and always evolving social media policy at your business is a staple for almost every corporate entity that I work with. It can be extremely confusing to navigate in this area. Most executives recognize the value and potential of online networking activities, such as professional and social networking, blogging and micro-blogging, participating in chats and Q&A sessions. When used correctly, Online Networking allows for relationship building, marketing, and continuing education. However, while Online Networking activities have value, they can also cause harm if not conducted properly.”
She went on to say, “Your Company’s Online Networking Policy should establish guidelines to maximize the benefit and avoid the harm from such activities. Let employees know that failure to observe any of the policies referenced or articulated within the policy will be grounds for disciplinary action up to and including termination,” said Compton.
So what about the argument that an employee should be able to make comments like #ihatemyjob #myjobstinks #needanewjob #mybossishorrible (you get the point) when they are using non-Company resources or during non-working hours?
“Again, the laws on this are changing as quickly as the technology is, which is why it is crucial to stay current to stay within them. We advise clients to be nimble in their policies to stay within the most current laws,” said Compton.
You can find the rest of this article here! Click to see our our top 7 tips to present to your employees so you can avoid the temptation to tweet #yourefired but also allow them to maintain a presence online.
