Business Law - Consider Your Social Media Policy

Wednesday, August 25, 2010 by David Castor
I probably hate the word "policy" as much as any word in the English language, but I think company policies can be helpful - in both giving employees information on what is available to them and what conduct is expected of them. 

In the last couple of years I have noticed a rise of social media policies in company employee handbooks.  Most larger companies have Internet use policies stating that employees may not use company time or computers for personal Internet usage.  The main goal here is to keep administrative staff off of Facebook during the day so they will focus on work.  These new social media policies are reaching beyond company time and setting an expectation of personal conduct on social media tools. 

There are several case opinions where employers were either found liable or were harmed for issues related to employees using Facebook, Twitter or another social media tool to express displeasure with the company, harass another employee, or divulge confidential information of the company.  These were often done in off-hour periods on personal computers.

It is something to consider.  In my business law / SaaS law practice most of my clients' employees are active in social media worlds.  The best way to reign in what they are saying about you in social media is to give them direction on what they can or cannot say.  It also can give rise to a "for cause" dismissal if there is a clear violation of the policy.




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