Social Networking and Business... part II

Yet again! No matter how many times one this problem is discussed, it seems to re-occur without fail. Just yesterday, the news reported on a nursing student who was suspended from school because of inappropriate use of Facebook. It was another reminder that for all the good social networking can be, it’s also a real opportunity for people to harm their professional lives.

For the current generation social networking is as second nature to them as breathing, it’s how they stay in touch. It’s how they communicate. Unfortunately, employers find social networking as unfamiliar as our parents find the internet. As more and more employers use Facebook and other social networking in a negative way, doing so is becoming extremely dangerous.

In addition to hindering the natural way in which most of the newer and younger workforce communicates, federal regulators are beginning to address social networking as an employment issue and looking to protect employees who use Facebook in the workplace. As an employer, what are you to do? The government is likely going to make disciplining an employee who uses Facebook or other social media to complain about their employer, or disclose confidential information, to their friends, illegal. The National Labor Relations Act (“NLRA”) prohibits such actions as violating Section 7 of the act. (By the way, Section 7 applies to ALL employers, not just ones with unions).

Despite the warnings, people continue to post unflattering pictures of themselves and bragging about those nights of drinking which cause concern for potential employers, employees continue to use social media to complain about how bad their bosses are, and in more and more cases disclose (inadvertently) confidential information and company trade secrets. How can employers protect themselves when doing so, might subject them to being sued?

It is now, more than ever, when every employer must ensure that they have a policy on social networking in place and communicated to their employers, which make it clear what type of social networking is acceptable and whether it is acceptable to use social media in the workplace, on work provided computers. Developing such policies is often difficult because you have to match legal restrictions with employee productivity.

If we have learned anything, social media is here to stay. Putting our heads in the sand is not the solution. Figuring out a way to integrate social media and networking into our employment processes and operations. Failure to consider this issue could really have a costly impact on your business. The challenge is to use social media in ways to enhance productivity and employee engagement. Professional assistance is available and you should strongly consider utilizing such assistance in crafting your social media policy.

Glenn Brown is the Co-Founder and Chairman of the Board and Chief Legal Officer of G & J Consultants, LLC. In addition to having directed the HR Department of a health care services company, Glenn is an attorney with 15 years experience assisting businesses of all sizes and industries in complying with employment and labor legal issues. G & J Consultants specializes in providing small and medium sized businesses with traditional HR services as well as compliance with employment laws and regulations.