Social Media in the Workplace III

In my first blog, I talked about how the majority of employees were accessing social networking sites at work (with or without the use of work computers). In the second blog in my three part series on social networking, I talked about some of the risks associated with employee access to social networking sites, and why up-to-date social networking policies can help employers manage such risks. In this third and final blog on social networking, I’ll discuss the contents of a good work place social networking policy.

Many businesses realize that social networking sites can offer benefits to their company, from facilitating regular communication for employees working at multiple locations, to capitalizing on new ways to market the company and its products. Therefore, the first question employers need to ask is whether or not they want to actively encourage or simply manage the risks associated with employee use of social networking sites. A social networking policy can then be tailored to the company’s overall objectives while managing the risks discussed in my previous blog. Employers should also review their existing confidentiality, privacy, and harassment policies to ensure they include references to communications on social networking sites as applicable.

• More: Social Media in the Workplace I
• More: Social Media in the Workplace II

Social networking policies should include the following

• • Clear statements that other employee policies and their existing obligations apply to all communications, including those made on social networking sites, whether such communications are posted during personal time at work, or at home. For example, comments that would otherwise be inappropriate because they are considered insubordinate, constitute harassment or result in a poisoned work place should also not be posted on social networking sites (during or after work hours).
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• • Confirm that social networking discussions should not disclose confidential proprietary or business information belonging to the employer, its customers/clients, nor disclose private information (including photographs) of co-workers.
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• • Because comments posted on social networking sites can spread virally, are searchable, and can stay online even if the original posting is removed, emphasize that employees are expected to use caution and good judgment when posting comments or information on social networking sites that can be identified or associated with the employer.
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• • Statements that social networking sites are not appropriate forums to engage in differences of opinion with respect to work-related issues, engage in criticism of management or co-workers (constructive or not), or address concerns regarding the performance or competence of employees.
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• • Clear prohibitions against the posting of comments that are defamatory to the employer, other employees, or clients/customers/contractors.
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• • Statements as to whether the employer will be monitoring social networking sites.
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• • Warnings that violation of the policy may result in disciplinary action, up to and including termination of employment.

Updating company policies to deal with social networking sites ensures that appropriate rules (and awareness) are in place. By doing this, employers will be better able to manage the legal liability and business risks, employees will be clear about their responsibilities to the company and their co-workers, and both employers and employees will be able to enjoy the communication and marketing benefits associated with employee use of social networking sites.

This blog is written by Nicole Byres of Clark Wilson LLP and made available by BCBusiness to provide general information on employment law, and is not a substitute for competent legal advice from a lawyer licensed to practice in your jurisdiction. Neither the reading of this blog, nor the sending of unsolicited comments or emails creates a lawyer-client relationship with the writer or Clark Wilson LLP.