Yesterday, we looked at some of the legal concerns for employers that social media raises. Today, some tips for protecting yourself — as well as an introduction to a webinar you won’t want to miss next week.
The following suggestions are courtesy of the law firm of Epstein Becker & Green, PC.
Adapting to the new digital media
The rapid growth of social networking and blogging means employers should revisit their electronic communications policies and evaluate whether they are sufficient to cover this new form of media. Because social networking sites present new issues for the workplace, it won’t be sufficient to rely on an old e-mail policy in most cases.
Your approach to drafting a policy that covers social networking will depend on the benefits, risks, and needs of your company. While some businesses will ban access to all social networking sites, others may find that it’s advantageous to allow employees access to certain sites or even to create a company webpage on a social networking site.
Employee monitoring: How far is too far?
Companies should tailor their policies to fit their needs. One thing to consider is how to regulate what an employee writes about your company on his profile page or blog.
Some companies have instituted policies requiring employees to identify themselves when discussing the company in any public forum (including online forums) to notify readers that they are speaking in an individual capacity, not as a company representative. Other companies, however, may impose strict discipline on employees who post anything about their employer or coworkers.
Set forth your expectations and rules for Internet use (whether it occurs off-duty or at work) through an appropriate policy. Your policy may be part of a broader policy that addresses all media, including e-mail, instant messaging, Internet browsing, and using social networking sites.
How to monitor your employees, legally and effectively — webinar next week!
What to include in your policy
A clear policy on Internet use should, at the very least:
- Include a specific statement of what is prohibited on employee profiles or logs. You may want to prohibit some or all of the following:
- disclosing confidential or proprietary information;
- disclosing the name of the business in personal websites or purely social networking sites except professional networking sites (e.g., LinkedIn);
- revealing the name of the company on a site with sexual or violent content;
- using the company’s intellectual property (e.g., trademarks);
- infringing on the intellectual property rights of others;
- making statements adversely affecting the company’s interests or reputation;
- criticizing customers or other important business partners;
- making statements supporting competitors;
- issuing defamatory, harassing, or disparaging language;
- issuing content that violates the law (e.g., obscenity); and
- writing or commenting on content that would constitute a violation of any other policies, rules, standards of conduct, or requirements applicable to employees.
- Include a clear statement of what is permitted only with prior approval from the company, such as blogs or postings that imply employer sponsorship or support, use any logos, trademarks, or service marks, or use company time, facilities, supplies, or resources.
- Identify required disclosures, disclaimers, and endorsements , if applicable; and
- Describe inappropriate content, with examples as necessary. Clear direction will certainly help you allow employees to engage in social networking or blogging while retaining the ability to properly monitor and control their computer use.
Keep yourself up to date
Whether your company uses social networking sites or not, you need to be aware that your employees are unquestionably using them.
Reexamine your electronic communications policies to protect your confidential information, reputation, and trade secrets and ensure that you’ve addressed social networking sites and blogs. That will help protect you against liability and litigation (from both outside and within your organization) resulting from an employee’s Internet postings.
E-privacy: Don’t overstep your rights
Smart employers know they can — and should — use technology to keep track of what their employees are doing. But how far is too far when it comes to virtual monitoring?
For example:
- How far can you go to track Internet and email usage? What about when employees are accessing personal, Web-based email accounts using your servers and/or your computers?
- Are you allowed to read text messages and other electronic communications sent and received via devices, such as smartphones, that you provide to your workforce?
- What are the legal limits on using video surveillance and/or GPS to keep tabs on your employees’ physical location and activities?
Make no mistake: As an employer, you’ve got some legal leeway to spy and snoop. But that leeway only goes so far. Overstep your rights in this area, and you could be hit with a costly (and embarrassing) lawsuit.
On the other hand, if you never check in at all, you could be held liable if an employee uses your technology to act illegally — such as by using a company-issued smartphone to send harassing messages.
Learn how to deftly walk this legal tightrope at our webinar, specifically for California employers, on July 14. You’ll learn:
- How far the California and federal laws governing your right to electronically monitor employees’ activities will let you legally go
- The written policies to provide to employees, and how to draft them so they cover emerging technologies
- The types of electronic monitoring and surveillance techniques that are generally acceptable – and the ones you should absolutely steer clear of
- How to prevent misconduct related to computer and/or Internet usage
- Best practices for monitoring phone, PDA, text message, and email usage
- How employees’ union organizing rights could stifle your ability to legally discipline them for their online activities
- Whether emails an employee sends to an attorney via your computer system are likely protected under attorney-client privilege — meaning you need to steer far clear of them
- The legal steps you can take when you believe an employee is stealing confidential data via electronic devices
Download your free copy of How To Survive an Employee Lawsuit: 10 Tips for Success today!