How to Handle Social Media in the Modern Workplace

How to Handle Social Media in the Modern Workplace

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  SOCIAL MEDIA BREAKFASTMAINE: HOW TO HANDLE SOCIAL MEDIA IN THE MODERN WORKPLACE May 18, 2012 Matthew A. Bahl Verrill Dana, LLP [email protected] www.hrlawupdate.com May 18, 2012
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  What would youhave done? • Employee jokes on Facebook page that your company’s average IQ would increase if a bomb were dropped on one your corporate offices. • Employee blogs about his job and includes company financial and new product information.
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  What would youhave done? • After an interview, your top applicant Tweets that he thought the your company’s benefit package was “weak sauce.” • A large group of employees create a web-site and post sexual and offensive comments about a coworker. The web-site also contains numerous pictures showing your employees drunk, using illicit drugs, and “hooking up.”
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  What would youhave done? • Your client posts a YouTube video of your employee criticizing the client. • Employee posts a YouTube video criticizing your top competitor.
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  What We’re GoingTo Cover • LIFE CYCLE OF AN EMPLOYEE – Pre-employment • Using social media in the hiring process – During employment • Social media policies and enforcement – Post-employment • Non-compete/non-solicitation • Confidentiality and trade secrets • Practical Tips
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  Using Social MediaIn The Hiring Process: The Legal Landscape • FCRA • SCA • NLRA • USERRA • Title VII • MHRA • ADA • GINA • Off-Duty Conduct Laws • New state privacy laws • Negligent hiring
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  Why Use SocialMedia In The Hiring Process • Bad hires can be expensive. • 45% of employers surveyed by CareerBuilder used social media to research job applicants. • Of those surveyed 35% decided not to hire someone because of online posting.
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  Practical Tips ForUsing Social Media In The Hiring Process • Tip 1: Have a social media hiring policy and follow it. • Tip 2: Notify applicants, in writing, about your company’s use of social media in the hiring process and give them a chance to respond to negative information. • Tip 3: Don’t have decision makers conduct social media searches • Tip 4: Ensure employment decisions are based on lawful, verified information. • Tip 5: Follow best practices in identifying legitimate, nondiscriminatory reasons for hiring decisions.
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  Social Media InThe Workplace: The Legal Landscape • FMLA • SCA • NLRA • USERRA • Title VII • MHRA • MWPA • ADA • GINA • FTC • SEC • Off-Duty Conduct Laws • New state privacy laws • Negligent retention
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  Social Media InThe Workplace: Employee Productivity • Studies show that Facebook users get lower grades in school AND in the workplace. • Likewise, social media proponents have published studies that social media use can INCREASE productivity. • Choice for employers.
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  Social Media InThe Workplace: Employer’s Choice • If you choose to allow social media use at work, there should be guidance as to: – Who – company clients, coworkers, vendors? – What – what is confidential information? – When – limitations? – Why – how are company goals met through use of social media? How does social media fit into your business plan? – How – importance of professionalism
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  Social Media InThe Workplace: Company Security • Security concerns: – Leaks – Hackers • SmartPhones – Security features – Walking away with confidential information
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  Social Media InThe Workplace: Protected Concerted Activity • Section 7 of the NLRA • NLRB has brought several petitions over company firing of employees for Facebook posts. Important issues: – Employee posting critical of company management. When is it okay? – Other employees join the online discussion and were likewise critical of management. Is this important? – Company policies prohibiting or limiting employees’ ability to discuss the company online. • Two “guidance memos” discussing what is and is not a lawful policy.
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  Practical Tips: SocialMedia Policies • Do you want to police social media use? • Don’t over policy your handbook. • Avoid blanket non- disparagement or prohibitions in social media policies.
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  Social Media AfterThe Workplace: The Legal Landscape • State tort and defamation laws • UTSA • Contract Law – Non-compete – Non-solicitation
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  QUESTIONS