In a special report from the SHRM 2011 Conference, Steve Bruce Reports on the 5 tips to consider before disciplining an employee for social media usage. Attorneys Chad Richter ad Cynthia Sandoval presented why it’s not always easy to comply when technology changes every day and the laws are archaic.
The two Jackson-Lewis attorneys (Richter from the Omaha office, and Sandoval from the Newport Beach, California office) offered their tips at the 2011 SHRM Annual Conference and Exhibition, which took place from June 26 – 29 in Las Vegas, Nevada.
If there’s any question about whether you need to deal with social media, just check these Facebook.com figures and facts:
- Facebook has over 600 million active users
- 50% of Facebook users log on every day
- Average user spends from 15 hours and 33 minutes on Facebook per month
- Average user visits the site 40 times per month
- Average user spends 23 minutes (23:20 to be precise) on a visit
- Many users admit to logging in while at work
Along with lost work hours, employers also face problems such as the disclosure of trade secrets, or unauthorized (and inappropriate) social media gaffs. Not even the US Secret Service is immune to these problems. On May 9, 2011, the following tweet appeared on their official Twitter page:
“Had to monitor Fox for a story. Can’t. Deal. With. The. Blathering.”
The normally publicity-shy agency had to issue an official statement of apology:
“An employee with access to the Secret Service’s Twitter account, who mistakenly believed they were on their personal account, posted an unapproved and inappropriate tweet…We apologize for this mistake, and the user no longer has access to our official account. Policies and practices which would have prevented this were not followed and will be reinforced for all account users.”
The Blogging Paramedic
Other companies have experienced headaches from employees who blog on their own accounts…but in such a way that reflects poorly on their jobs or on their colleagues. Richter offered a typical social media scenario:
Susan regularly blogs on her own Internet site. She blogs on her own time at home, and not at her job, where she works as a paramedic.
Lately, Susan has begun expressing frustration with her supervisors and others at work on her blog. HR finds out that Susan wrote the following blog entry:
“This company is completely screwed up. Tom and I were on the same crew last night and were treating a little boy who was in a car accident and began having seizures. Tom misdiagnosed the boy’s condition and gave the boy the wrong medication. I’m thinking about reporting him.”
Can Susan’s employer discipline her? To find the answer for such a situation in your company, Richter and Sandoval recommend answering the following five questions before disciplining employees for blogging against the company:
Questions to Ask When Disciplining An Employee
- Was the employee engaging in protected “concerted activity under the NLRA?
- Is the employee protected under a “whistleblower statute?
- Was the communication related to political activities or affiliations?
- Was the employee engaging in “legal off-duty activity” protected by state law or illegal activity?
- Does the employee have a potential discrimination claim?
- If you answer yes to any of these questions, tread carefully before disciplining.
Have you ever been confused about whether or not to discipline an employee for social media usage? Let us know by sharing your comments below.