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How to Deal with Negative Posts on Facebook | Dodging Landmines

Should employees be disciplined for criticizing their company on social networks? David Goldman, an employment and labor attorney, says the answer depends a lot on the nature of the content.

Speaker: Sumi Das

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Tags: Facebook, Landmine, Social Networking, Online Communications, Marketing, Advertising & Promotion, Dodging Landmines - An Employee Posts a Negative Comment about the Company on Facebook

 
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    1

    sq1

    09/02/09 | Report as spam

    RE: How to Deal with Negative Posts on Facebook | Dodging Landmines

    This is great. Our managers struggle with these new media
    issues constantly and can really use this kind of practical
    guidance.

  •  
    2

    winningatwork

    09/04/09 | Report as spam

    Hiring managers are now asking to see potential employee's facebook pages

    This is similar. Is this invasive or appropriate?
    For more discussion, read the article at
    http://excelle.monster.com/benefits/articles/4000-what-if-a-
    potential-employer-wants-to-see-your-facebook-page

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How to Deal with Negative Posts on Facebook | Dodging Landmines

Should employees be disciplined for criticizing their company on social networks? David Goldman, an employment and labor attorney, says the answer depends a lot on the nature of the content.

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>> I have a modern-day problem. An employee who works for me has made disparaging remarks about the company on Facebook. Can I discipline them?

>> Well, dirty little secret. Employment attorneys ask each other this all the time, because it didn't exist five years ago. In most cases, the answer is going to be yes. Should they do it? Maybe not. I've seen surveys that show that employees feel that it's an invasion of privacy if employers look at the types of things they do outside of work. Well, legally that may not be true. But, on a practical basis, the disruption it causes in the workplace may not make taking action worth it.

>> I know some companies have enacted company policies that prohibit employees from making critical remarks about their employers. Is this fair? Because it seems like a violation of free speech.

>> The free speech issue comes up all the time. And for most employees working at private companies, it's a non sequitur. The First Amendment prohibits the government from taking action to prohibit free speech, not private companies. So, is it fair or not? I'll let others decide in a general sense of whether it's fair. But I do think it's fair, if a company is going to hold someone to certain expectations, to let them know up front. So I think policies often are a good way to do that.

>> What should I keep in mind, what should I take into account when I'm trying to decide whether or not I should take action or if I should just let it slide? Because if I take action, it's going to require a lot of energy, a lot of effort. It's a serious undertaking.

>> Variety of legal and practical concerns. What state am I in? Some states are just more protective than others. The nature of the conduct. Is it a matter of public policy or maybe defamation. Very different answers, depending on that. And, also, did you do it at work? The fact that your -- the employee is using your computer, your Internet system can make a big difference.

>> In summary?

>> The closer you can tie it to legitimate business concerns, the more leeway your going to have legally and for those human relations concerns, as well.

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