Despite the fact that 60% of business executives believe they have a right to know how employees portray themselves and their organization in online social networks, only 17% have programs in place to monitor and mitigate possible reputational risks. (Source: 2009 Ethics & Workplace survey, Deloitte)
The spread of Social Media like Facebook and Twitter has offered new opportunities for employees to release confidential company information, disrespect a fellow employee's privacy, and create a hostile work environment.
Employees now have the ability to post, tag and ‘like' content on the internet that can be defamatory for an organization's employees and/or brand. These acts can occur both in and out of the workplace, and while an employer can not control what their employees do in off-hours they can manage it!
The Best Defence is a Good Offence
Organizations should be proactive and define the difference between acceptable and inappropriate online behaviour, emphasizing the connection between an employee's conduct and your company's image.
Clear and reasonable policies should be prepared and effectively communicated to all (posting online will allow employees to access them from home if they are unsure about what they are posting). The policies should contain a warning that you reserve the right to monitor their internet use during work hours or on company computers. In addition, they should state that your company will take action upon those who post negative or inappropriate material involving your company while on their own time.
What constitutes non-permissible?
Non-permissible content can range from intentional discrimination, harassment or bullying towards other employees to the unintentional release of company confidential information. Even if an employee is expressing personal opinions on non-work topics, if they use their title/position, their comments may attribute to their employer, with potentially negative consequences for the business.
Examples of possibly defamatory acts done in off-hours:
- Employees post pictures of themselves in company uniform engaging in "inappropriate" acts
- Personal blog entry from frustrated worker complaining about being passed over for a promotion, naming supervisor and company
- Facebook page which includes name of employer and has postings about long hours getting ready for a new product launch
- Sending intimate personal messages using company technology
When it comes to the law the basic rule of thumb is that an employer has NO authority over what employees do once they're off the clock....UNLESS the employer can show its legitimate business interests are affected.
Once something is posted....
No matter efforts your company takes, it may be impossible to prevent something negative from hitting the web. According to a 2009 Deloitte survey, 49% of employees say defined guidelines will not change their behaviour online. Therefore, periodic monitoring of internet content should also be conducted:
- Set up Google Alerts and use TweetDeck to conduct real-time Twitter keyword searches to monitor social media use by employees (or others).
- Sign up for web domains, such as ‘yourcompanysucks.com' to halt opportunities for future brand damage
Ultimately, you must discipline (which may include termination for cause) any employee who intentionally breaches your company's acceptable internet use policy.
Real Life Brand Defamation
In April 2009, two Domino's Pizza employees posted a series of YouTube videos depicting themselves playfully tainting food products before allegedly passing them on to customers. With close to one million views, these three minute videos prove that anyone can easily attempt to undo all that's right about a strong brand using social media.
Next Steps
If you would like to discuss creating an Acceptable Internet Use Policy or any other HR related issues, please don't hesitate to contact Anna Aceto-Guerin at (519) 624-0800 or via email at anna@clearpathemployer.com.
By Katie O'Reilly, Clear Path Employer Services (2010)
Updates:
Nov 3/10: First known Canadian case of an employee being fired for their Facebook postings.
Nov 26/10: Toronto Star article detailing the shocking amount of time spent on non-work related internet activities by government employees (including illicit and even illegal content).
