Want to stay out of trouble? Read on!
Did you know that this Sunday will be "Social Media Day"? Neither did I.
But even after all this time, social media continues to get employees and employers in trouble. Here are six tips for employees, followed by four tips for employers. (That adds up to 10.) Following these tips may not always keep you out of hot water, but they'll certainly help you stay cool.
Social media tips for employees
No. 1: Know your rights (or lack thereof). You may have heard of the First Amendment and how it guarantees freedom of speech. That is kind of true, but it's also misleading because the First Amendment doesn’t shield you from all repercussions from what you say. For example, if you post on Facebook that your boss is an idiot, and your boss sees it and gets mad, your boss can fire you without violating the First Amendment, right? Right. The First Amendment protects you from having the government throw you in jail for expressing your opinions. But it won't protect you from losing friends, facing social backlash, or even losing your job because of what you say, so post accordingly. (If you work for the government, you have more First Amendment protections than private sector employees, but even then your rights are not unlimited.)
No. 2: Steer clear of political debates. If you enjoy posting about politics, watch out, especially in today's climate. Regardless of what you say, political posts are likely to upset half of your friends or followers. Or maybe that's just me -- I live in a swing state. Some individuals might react so strongly to your views that they could stop being your friends, or cause even more serious problems for you.
No. 3: Don't post about sex or illegal activity. If you must share about sex or illegal activities, avoid doing it on social media. Inquiring minds don't want to know. (Posting about sex could be deemed sexual harassment if seen by co-workers who are offended. Which leads to the next point…)
No. 4: If you must overshare, unfriend or block all of your co-workers first. If you just can't resist posting something risky/risque, then unfriend or block your co-workers first and crank up those privacy settings as far as they will go. But it's still better not to post that type of content at all. If you post with precautions, someone might still find your post, take offense, and report you to your employer.
No. 5: You have the right to remain silent. Anything you say can and will be used against you in the workplace. Always assume that your social media posts could come back to haunt you. Employers (current and prospective) and online vigilantes are always watching.
No. 6: On the other hand, boring is good. If your posts are about cute babies, the buffet at the Golden Corral where you ate the other night, your adorable Labradoodle Maximus, and happy birthday wishes to your friends (but nothing about their ages!), you're probably in the clear. For now.
Social media tips for employers
No. 7: Understand your rights. Generally, you have the right to act against an employee for inappropriate social media posts that offend co-workers, disparage your business, disclose confidential information, or damage your company's reputation. You can also take action based on posts that are discriminatory or harassing based on race, sex (including sexual orientation and gender identity), national origin, religion, age, or disability, and against employees who communicate threats via social media or who post about their illegal activities.
If you are an employer in the health care industry, you can also take action to prevent and address (when it occurs) postings that may violate the privacy rights of patients or their families.
No. 8: Seek legal advice. Always consult with your labor or employment counsel before acting. Posts related to terms and conditions of employment may be considered "protected concerted activity" under the National Labor Relations Act, making it potentially unlawful to act against the employee. This applies even to non-union companies, and even a simple "Like" could be protected.
No. 9: Ignorance is bliss. Prohibit, or at least strongly discourage, your managers and supervisors from being "friends" or "contacts" with employees on social media. Otherwise, they might learn more about their employees than they really need or want to know. For example, that Jane is taking anti-depressants. Or that Joe belongs to a bizarre religious cult. Ignorance can be bliss—and it can also be a defense against discrimination claims. (You can't discriminate against someone based on a protected characteristic if you don't even know about that characteristic.)
No. 10: Be fair and consistent. Hold all "similarly situated" employees to the same standards of conduct that apply to social media. You may need to be stricter with higher-ups who violate your policy.
A little caution and common sense can go a long way in preventing a social media disaster. Stay smart, stay cool, and keep those posts drama-free!
- Partner
Robin has more than 30 years' experience counseling employers and representing them before government agencies and in employment litigation involving Title VII and the Age Discrimination in Employment Act, the Americans with ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
Continue Reading
Subscribe
Contributors
- William A. "Zan" Blue, Jr.
- Obasi Bryant
- Kenneth P. Carlson, Jr.
- James M. Coleman
- Cara Yates Crotty
- Lara C. de Leon
- Christopher R. Deubert
- Joyce M. Dos Santos
- Colin Finnegan
- Steven B. Katz
- Ellen C. Kearns
- F. Damon Kitchen
- David C. Kurtz
- Angelique Groza Lyons
- John E. MacDonald
- Alyssa K. Peters
- Sarah M. Phaff
- David P. Phippen
- William K. Principe
- Sabrina M. Punia-Ly
- Angela L. Rapko
- Rachael Rustmann
- Paul Ryan
- Robin E. Shea
- Kristine Marie Sims
- David L. Smith
- Jill S. Stricklin
- Jack R. Wallace
Archives
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010