Social Media in the Workplace

With the changing technological environment, the traditional definition of “workplace” has expanded and, along with it, employer liability. The increasing usage of social media presents a series of risks for employers, which includes: (i) an employee improperly posting or disclosing, whether intentionally or unintentionally, confidential or proprietary information on a social media platform; (ii) an overall decrease in employee productivity or morale; or (iii) inappropriate interactions among employees that result in harassing, threatening or discriminating conduct that may subject the employer to liability. As a result, it is important that employers adopt appropriate mechanisms to ensure that workplace matters arising via social media platforms are appropriately addressed. 

One way to advise employees of a company’s stance on employees’ use of social media is to implement a policy relating to internet and social media usage. Some suggestions on what the policy should include, and how it should be drafted and implemented, are summarized below:

1. Permitted Internet Usage. An employer’s social media policy should clearly define what will be considered allowable internet usage, including the employer’s level of tolerance for social media in the workplace, during work hours. 

2. Ownership of Computer Systems and Equipment. As applicable, the social media policy should explicitly identify that the employer retains ownership of computer systems and related equipment, and also recognize that the employer maintains the ability to monitor these systems. 

3. Recognize Employee’s Legal Rights. Certain employee activities, via social media, may be protected under law. Thus, the policy should identify that it is not intended to interfere with any protected activity or infringe on any legal rights of the employee.

4. Simple, Reactive and Practical. The policy should be simple and reactive to the uncertain and fast-changing technological environment. Employers should avoid imposing unnecessary, impractical or intrusive limitations on employee usage of social media; not only would such restrictions undermine employee morale, but it would invite non-compliance without benefiting the company in terms of protecting its reputation, employees or property.

5. Training Mechanisms. Following the adoption and implementation of a social media policy, employers should also give special consideration to training mechanisms that could be employed. This includes training for human resources management on effectively monitoring and enforcing social media policies and restrictions.

Although a social media policy is not one size fits all, a properly drafted and enforced policy is the most effective tool in protecting a company against any legal liability and harm to its reputation and/or goodwill that may arise from employee usage of social media. Anyone interested in implementing a social media policy should speak with an attorney to obtain more complete legal advice. 

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