Unprofessional Employee Behavior Online
Social media has become an integral part of people’s daily lives and has largely revolutionized the way we conduct business as a society. With the power to extend a business’ reach to new markets globally and increase customer engagement, social media is an essential communication tool for both businesses and individuals. However, social media also has the potential to pose a major threat to businesses and can quickly destroy trust in a brand.
According to the PEW Research Center, approximately seven in 10 Americans use some form of social media to connect with each other. The chances are pretty high that many of your company’s employees post personal content online. Unfortunately, when those posts are rude, inappropriate, racist or abusive, it may reflect negatively upon a company’s image and can even cause tension in the workplace — even when these posts are on personal social media pages. As a result, employers must balance a variety of issues: employee and public relations, legal regulations and company values.
So how far can employers go in regulating unprofessional behavior? That is largely dependent on federal and state law. As an employer, these are the laws you should pay special attention to in regulating online employee conduct:
Concerted Activity Protections: The National Labor Relations Act and other similar state laws protect employees’ rights to engage in “protected concerted activities,” like trying to improve the terms and conditions of employment, whether or not they are part of a union.
Off-Duty Conduct Laws: Some states have laws that ban employers from taking adverse action against employees based on lawful off-duty conduct. Currently these states include, California, Colorado, Louisiana, New York and North Dakota. Employers in these states may not fire or retaliate against employees for any off-duty lawful conduct (including speech).
Protections for Political Views: Some states also protect employees from discrimination based on their political views or affiliation. In these states, disciplining an employee for a political post could be illegal.
Protections for Whistle Blowers: An employee who raises concerns about safety or illegal activity at work may be protected as a whistle blower.
Prohibitions on Retaliation: Many employment laws protect employees from retaliation for claiming that their rights have been violated, like the Family and Medical Leave Act, wage/hour law violations, etc.
However, no matter where you are located, best practices recommend setting clear, consistent Employment Handbook guidelines, or even better — a social media policy — to define what is acceptable and unacceptable online conduct for all employees. For example, a company may prohibit certain posts/actions that may negatively impact the reputation of an employer. Employers must be mindful and pay attention to state and federal laws and adhere to handbook policies for disciplinary actions.
In the age of technology, social media has the potential to make or break your brand. If you are unsure about your company’s current social media practices, PPR is available to provide counsel as well as support on policy development.
