In my last post, I talked about how many employees are accessing social networking sites at work. In this, the second post of my three-part series on social networking, I’ll talk about the risks of employee’s accessing social networking sites, and why an up-to-date social networking policy can help employers manage such risks.
Many of the legal issues and risks associated with employee access to social networking sites are the same issues and risks that businesses may already be addressing in other ways. They include: protecting the company’s confidential business information and trade secrets, protecting employees’ privacy, ensuring a respectful workplace, and setting a standard for ethical communications.
Companies want to protect their know-how and other confidential business information, particularly if this information represents a competitive advantage over similar businesses. Publically traded companies especially, need to ensure that news of material contracts, discoveries, or pending changes at the executive level are not leaked prematurely, in violation of securities laws. All employees have a common law obligation to not disclose their employer’s confidential information, however the casualness of communications on social networking sites may lead to employees disclosing information that they would not otherwise have discussed in other forms of communications. Thus, companies should ensure that their employees understand that their confidentiality obligations extend to what they post on social networking sites, both during work and when on their own time.
Employers are obligated to protect the private information of their employees. With the advent of camera-enabled cell phones, people can now post photographs the Internet within moments of taking them. Once public, the photos are visible to thousands of people; even if you, as an offended party, were able to get the site manager to remove them, they could exist in individual computers.
Not so long ago, cameras at staff events were rare. Now, though, there exists a massive potential for lapses in judgment that expose the employer to vicarious liability for breach of privacy laws. Many employees forget that posting without permission information about their co-workers (including photographs) breaches the co-worker’s privacy.
Employers are legally required to ensure that their workplaces are safe and harassment free. Social networking sites offer new opportunities for employees to harass and bully each other and publish disrespectful or defamatory comments about their employer or supervisors. Even if employees express personal opinions on non-work topics, if they use their title or refer to their position, their comments may be attributed to their employer, with potentially negative consequences for that business.
Businesses will want to ensure that their harassment policies extend to communications on social networking sites (during and after work) and that their employees understand that they can be disciplined for any posted comments that are disrespectful or otherwise negatively affects the reputation of the employer.
In my next blog, I’ll discuss the elements of a good social networking policy.
This blog is written by Nicole Byres of Clark Wilson LLP and made available by BCBusiness to provide general information on employment law, and is not a substitute for competent legal advice from a lawyer licensed to practice in your jurisdiction. Neither the reading of this blog, nor the sending of unsolicited comments or emails creates a lawyer-client relationship with the writer or Clark Wilson LLP.
