Q&A - Social Media and Your Employees

Question:
My employees spend a lot of time on Facebook and other social sites. I am worried about claims of harassment not to mention complaining about our company for everyone to read. What can I do about all of that?

Answer:
Wow. That is a lot of stuff in three sentences. I’m going to break it down into the different areas so that it is a bit more digestible. Any one of these areas could easily involve much more conversation, but this should at least help.

Employees spending time on Facebook – You didn’t say whether or not it was at work, but that is one potential problem area. Some employers don’t have a problem with employees spending a reasonable amount of time on social sites during the day and some are not able to allow it due to business demands. Each employer must determine the tolerance level of the organization for using company time to interact in this way. There are both advantages and disadvantages to allowing it. You should have a clear policy in your handbook about what your requirements are in terms of computer use keeping the following in mind:

Employers have the right to require employees to spend all paid time on business activities other than required paid breaks for non-exempt employees.

Computer equipment, internet access, etc. all belong to the employer and the employer may restrict how those are used by employees.

If you put a lot of restrictions on employee behavior, you then have to monitor it and enforce your requirements.

Harassment online -- Although an employer cannot be responsible for employees’ behavior outside the workplace and work hours, what “Happens in Vegas doesn’t Stay in Vegas” as we all know. If employees are having such interactions in the evenings or on their off time, that becomes a problem if it spills into the workplace. Employers should remind employees that they are held to certain standards when working together regardless of their activities outside of company time or premises. Drawing a clear distinction between personal time and business time behavior should be done in your Harassment Policy in the handbook and appropriate workplace behavior emphasized without getting into the personal lives of employees. Remember, they can always “UnFriend” the guilty person.

Complaining about company – First, keep in mind that the opposite can also happen. Employees can also rave about great companies. I’m sure your first choice would be to get that distinction. Some employees, however, will inevitably be unhappy with any company. Things to consider include the following:

If an employee is complaining about an employer on one of the sites like Facebook where the information is not truly public since only certain people are able to view what someone posts, that is not unlike having them bad-mouth you at parties.

The same sorts of rules apply as with any “free speech” outlet. Employees can certainly voice discontent privately, but are limited by the laws regarding libel and/or slander.

You should include in your handbook policy additional language noting that employee may not represent that they are speaking for the company and that employees may not disclose any confidential information as well as a prohibition against posting any pictures, recordings, etc. made on company premises without prior permission.

If you have concerns that any of the above lines have been crossed, you may want to consult an attorney. If you need assistance with developing policies for your handbook, contact your TPO Consultant. TPO can also come to your workplace and meet with your employees to discuss what is “inbounds” or “out of bounds” with their online presence.

Article written by: LaTonya Olivier, SPHR-CA
TPO is an award-winning firm established in 1991 made up of a group of highly experienced, nationally certified HR experts and trainers. TPO is licensed by the State of California (PI-25638) to provide investigative services. For more information, please contact us at 800-277-8448 or visit our website here.

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