While
there is no social media and Internet use formula that will fit every
organization, these seven factors should be included in every employee
handbook.

 

Accountability.
Employees must aware that they are responsible for what they put
online.  Although they may be protected under the first amendment, Federal Stored Communications Act, and fair labor practices,
that only goes so far.  If an employee posts something slanderous,
defamatory or violates confidentiality or privacy, both the company and
the employee may be liable for legal ramifications…and the charges can
be civil as well as criminal.

 

Transparency.
If an employee posts something that is related to your organization or
competitors, then it is important to disclose that he or she is part of
the organization including his or her job title. 

 

Degree of Separation. 
What degree of separation means is that employees must include
something along the lines that “The opinions expressed are solely my own
and do not necessarily reflect the opinions of (Insert Organization
name here).” By doing so, the employee is protecting the organization
based upon what he or she posts on a personal blog or social media
profile.

 

Respect for Copyright/Trademark. 
Companies and individuals should also include a statement that items
protected under copyright and trademark laws cannot be used without
proper attribution.  When unsure, ASK before posting content online.

 

Usage at work.
A statement referencing whether or not you will tolerate employees
visiting and using social media sites while at work must be included. 
If you block certain sites block from company computers, then you should
reference the sites that are blocked. It is always best to have a
written and signed record to avoid any questions and ambiguity later.

 

Confidentiality.
It seems obvious but employees must be reminded to avoid publishing any
confidential or proprietary information; and that social media sites
are not a substitute for previously established intra-organization
communication. Even if the information was posted privately, it could be
copied and transferred to a public profile. Employees need to know that
any sensitive information, anything that involves a dollar sign and the
inclusion of people’s names, photos, and videos without their prior
approval are not allowed.

 

Monitoring.  If
you are going to monitor your employees’ social media and Internet use,
you need to let them know. If you are going to check on them daily and
see what activities they engaged in, tell them. Whatever monitoring
process you use, make sure you include a statement that you reserve the
right to check their profile at anytime and see what they have posted.
But be careful – the line between a personal profile that requires the
employer to acquire an employee’s user name and password verses
information the employee makes public is becoming very distinct based on
a few recent rulings.

 

Many of
these guidelines may be covered in your existing handbook. If that is
the case, you may not need separate social media policies.  Conversely
don’t assume that your current guidelines for privacy and codes of
conduct address the new digital world.  Employers have policies that
address what is and is not appropriate use of social-networking sites
such as Facebook.

 

It’s
also not enough to simply have a policy-employees, managers, and
management need to be trained on the policy. All employees right up to
the CEO should be well informed of the potential problems that poor
online judgment can cause. It’s a new world out there and a simple IT
mandate to block social networking sites does little if anything to
protect an employer anymore.

 

In
coming weeks, I’ll be posting more articles about writing effective and
common sense social media guidelines.  I will be highlighting specific
cases where employers crossed the line and invaded an employee’s privacy
and protections offered for off-the-job conduct.  I’ll address
potential legal issues regarding employee use of social media in the
workplace. 

 

 

Let me know what questions would you like me to address.  And what is working or not working in your workplace?