A Social Media Policy is Intended to Avoid Problems with Employees

A simple 140-character message can cause a significant amount of issues between you and your employee. Remember the tweet from a potential Cisco employee?  “Cisco just offered me a job! Now I have to weigh the utility of a fatty paycheck against the daily commute to San Jose and hating the work.”   This tweet was later found by a Cisco employee and reported to the Cisco hiring manager. The job offer was rescinded and a media firestorm ensued. In the human resources and administration world, negative posts about companies have become a hot topic, including heated debates about litigation and the freedom of speech. The question is what is grounds for dismissal? A social media policy is intended to avoid such problems between your company and employees.

There is a delicate balance between freedom of speech and employer control of social media. Clearly communicating and explaining the company’s policy regarding digital communication to your employees is key to steering clear of potential problems. According to “Top 10 Do’s and Don’ts for Managing Employee Social Media Use” from the Association of Corporate Counsel, your social media policy “should contain a mix of social media objectives, values, guidelines, and best practices; rules on what is considered appropriate and inappropriate use of social media; and the governance procedures that the company follows when the rules are broken.” Guidelines can help your employees conduct their social media accounts in a responsible manner that will help to avoid problems for both parties. Bloomberg put forward several suggestions for a company social media policy including: not prohibiting protected or concerted activity, requiring disclaimers on certain posts, no tolerance for cyber bullying or harassment, and complying with state and federal laws. Each state has varying laws regarding grounds for dismissal for online behavior. Be aware of your state’s laws when writing your company’s policy. Nowadays, more states are passing the “off duty conduct” laws that ban employers from disciplining an employee for their actions on digital platforms.

If the decision is made to dismiss an employee because of their online behavior, the ACC suggests that you “don’t simply fire an employee for their social media posts without ensuring the basis is sound.” Employees and their online communication are protected by Section 7 and 8 of the National Labor Relations Act. Section 7 states that two or more employees are protected if they act online to improve their terms and conditions of employment. Employees hold the rights to seek help from others online pertaining to improving working conditions. This act states that employers “violates Section 8(a)(1) of the NLRA if it interferes, restrains, or coerces employees in the exercise of their rights guaranteed in Section 7.” A social media policy is intended to be distinct in its rules and guidelines, abiding to federal and state laws.

Having a go-to person in human resources to answer any and all questions and concerns about the social media policy is a great help to all employees. Hopefully, social media guidelines will help your company avoid thousands of dollars in legal fees and problems with your employees. As digital strategist Jure Kepic said, “What happens in Vegas stays in Vegas; what happens on Twitter stays on Google forever!”  If you would like help for this and all your HR issues peruse some options here.