Does Your Agency Have a Social Media Policy?

As a younger generation of employees enters the workforce, social media sites are becoming the necesssary evil for employers, but is your agency prepared for the liability exposure that this can create?

While your agency may have already adopted the idea of the benefits of using Facebook and Twitter in the business setting, it is also important to be cautious of the host of potential liability exposores that these sites can expose you to such as slander and "cyber slamming".  In addition, researching potential candidates online to get a better sense of the person's lifestyle or character has opened to door to discrimination lawsuits in hiring practices.

HR experts advise that a good Social Media Policy can be your best defense against should be included in your employee handbook and should address some of the following issues:

• What is inappropriate communication?  This should be defined as broadly as possible.
• Your company policy on monitoring email.  If this is going to be done, it must be disclosed.
• Advise employees that all company endorsements (positive or negative) must be true and must be accompanied by a statement detailing the employee's relationship to the company.
• As silly as it sounds, all employees should know that if they are "friended" by a colleague, they are allowed to decline without fear of retaliation.
• You must include that all employees should have a "reasonable expectation of privacy" and explain what this means.  Those on social networks do not have this protection.
• Prohibit the use of corporate logos, trademarks and compayrights other than for business purposes.
• Caution against defamation of other competitors and explain the liability behind this.
• Advise employees that they cannot disclose proprietary or confidential information about their employment or their co-workers.
• Include a policy on text messaging that informs them that you will ask for their consent to access these if needed for business purposes or a company investigation.
• Remind employees that they are liable for what they publish online.  They can be sued for libel, plagiarism, copyright infringement, invasion of privacy and other offenses.
• Ensure that you policy has wording on discipline, up to and including termindation.
• This should be a living document that employees must re-sign every time a change is made and annually regardless of whether changes are made or not.  Copies should be kept in the personnel files.

When it comes to online candidate research, experts are saying that it is often better to steer clear of this practice.  However, if you feel that this is an important part of background research for your firm, be consistent.  If you are going to search for online info on one recruit, you must do so for all candidates.  Post-hire, it is important to have the discussion with managers about what is an appropriate use of social media with the people they supervise in and outside of the work environment.

Since Chapman is not legal counsel, we can only offer suggestions and can not assist with the structuring of the policy for your agency.  For further information on Social Media Policies, please consult with your employment practices attorney.