The rise of social media has made it increasingly difficult to control what employees are doing online and how that can impact a company’s reputation. As a business owner, it is advisable to have effective social media policies in place while ensuring those policies comply with state and federal regulations.
What an employer cannot control
The First Amendment of the United States Constitution bans Congress from legislating against anyone’s right to express themselves in any way they wish. However, it is important to note that the First Amendment only protects individuals from government actions and not from private employers. That means employers are free to create policies that will limit or restrict what their employees can post on social media.
That being said, employers must be careful not to violate any laws when creating and enforcing their social media policies. For instance, if a company’s otherwise lawful restriction on employee speech affects certain groups of people from a particular race, gender, or religion, then the employer’s policy may be considered a form of illegal discrimination.
What an employer can control
When it comes to social media, employers can terminate or discipline an employee based on their social media content if they intentionally disclosed confidential information, used company equipment to post on social media, or posted information that damaged the employer’s reputation.
However, if an employee is engaging in protected activity, such as whistleblowing, or trying to unionize, then the employer is unable to take action against them.
Employers should keep this in mind when formulating social media policies for their employees to ensure they are compliant with labor laws and other legal regulations. It’s vital for employers to set expectations for acceptable behavior by their employees on social media and to provide guidance about the consequences of posting inappropriate or offensive content.
Best practices for social media policies
Creating a formal social media policy is the simplest way to avoid potential pitfalls associated with employee social media use. Many companies require new hires to agree to a social media policy before they begin their job.
In addition to compliance with state and federal laws, the policy should include clear and concise stipulations that explain the acceptable use of social media while on the job. It should also address expectations for employees when they post online while off the job. The policy should make it clear that confidential information or proprietary information should not be shared.
An environment where their employees feel safe and respected when using social media while knowing what to expect requires a combination of clear policies and consistent monitoring of employee activity online. By taking the time to develop and implement social media policies that are compliant with labor laws, employers can ensure that their employees’ rights are respected while also protecting the reputation of their business.
With a solid social media policy in place, companies can reduce questionable online activity by their employees and the need for litigation. It is vital to create the policy, educate staff on the policy, and enforce violations as they occur.
