Social Networking Unforeseen Risks for Your Company
Talking Business on Social Networking Sites
Whether you personally post or tweet, chances are good your company’s employees participate actively on any number of social networking websites. According to the Pew Research Center, adult use of such sites accounted for almost fifty percent of the internet activity in America in 2009. Aside from its personal and entertainment value, social networking can be a valuable tool for fostering successful business relationships. The blurry line between personal and business use, however, can create unforeseen risks for your company, including the risk that posted comments by your employees will be treated as official statements from the company.
Consider the case of an overzealous sales representative who proudly brags about the company’s products online (so far, so good) but in the process decides to talk trash about a competitor. Does the competitor now have a libel or slander case against your company? Or how about a company supervisor who offers the following recommendation on LinkedIn for a subordinate who is also pursuing an approved sideline business: “I have worked with Sally for five years and have always found her to be hard working and high performing.”
If the company later lets Sally go for poor performance, can the supervisor’s post be used as evidence that Sally’s performance was fine and that she is being discriminated against because of gender? In both instances, the answer is probably “yes.”
Employers must be careful in monitoring or regulating employees’ personal, online activity too closely. If you track employee use regularly, you are bound to learn information that you would have preferred not to know and that may actually limit your ability to supervise and discipline the employee. Nonetheless, when it comes to employee comments about workplace activities or relationships, serious thought should be given to updating the company’s handbook or policy manual to provide some basic “dos and don’ts” governing this category of online statements.
Questions? Give me a call … or just post them here on our blog.
Dirk A. Beamer

