It has become increasingly common for companies to have policies and agreements concerning employee social media activities. And that’s a good thing. Companies should implement social media policies in order to make sure their employees’ online and social media activities don’t harm the company.
Social Media Policies Can Be Illegally Broad
However, if drafted carelessly and without legal guidance, a company’s media policy can go too far. For example, current media reports that the American Medical Response of Connecticut recently fired an employee who started a conversation on Facebook about her employer and her working conditions. American Medical Response’s social media policy prohibited employees from depicting the company in any way on social media sites in which they post pictures of themselves.
That prohibition was too broad and likely illegal. A social media policy that prevents employees from talking about improving work conditions violates federal laws. Similarly, a social media policy may not restrict employees from discussing unionization.
Acceptable Provisions for a Company’s Social Media Policy
In my book, The Cyber Citizen’s Guide through the Legal Jungle, I offer the principles many companies place in their social media policies:
- The employee’s internet postings must not disclose any of the employer’s confidential or proprietary information.
- If the employee comments on an aspect of the employer’s business in which the employee has responsibility, the employee must identify himself as an employee of the company and make it clear that he is speaking on behalf of himself and not the company.
- If the employee identifies himself as an employee of the company, refers to the company’s work or provides a link to the company, the employee must include a disclaimer such as the following: “the views expressed on this post are mine and do not necessarily reflect the views of the ABC Company.”
- The employee's internet postings should not include the employer’s logos or trademarks.
Leave a Reply