May 22, 2012

Creating a Social Media Policy

It is essential for employers to develop a social networking policy, especially in light of the many legal issues that may arise. Employers must consider the many goals that the policy intends to cover, such as:

  • Protecting the company's trade secrets, confidential, proprietary and/or privileged information; 
  • Protecting the company's reputation;
  • Protecting the privacy of employees; and 
  • Establishing guidelines for whether use of social networking sites during working hours is permitted, and if so, under what circumstances.

Employers must also consider the parameters in developing a new policy, such as:

  • Urging employees to go to human resources with work-related issues and complaints before blogging about them; 
  • Setting forth the potential for discipline, up to and including termination, if an employee misuses social networking sites relating to employment; 
  • Establishing a reporting procedure for suspected violations of the policy; 
  • Enforcing the policy consistently and with regard to all employees; 
  • Reiterating that company policies, including harassment and discrimination policies, apply with equal force to employees' communications on social networking sites;
  • Reminding employees that the computers and email system are company property intended for business use only, and that the company may monitor computer and email usage; and 
  • Arranging for employees to sign a written acknowledgment that they have read, understand and will abide by the policy.

As seen is the October 14th issue of Business Lexington

© 2012 Dinsmore & Shohl LLP. All rights reserved.

About the Author

Of Counsel

Brian J. Moore is a member of the Labor and Employment Department. Brian has extensive experience handling a wide array of labor and employment disputes, including discrimination, sexual harassment, wage and hour, unemployment, unfair labor practice, and union representation cases. He has practiced in various state and federal courts, as well as before the West Virginia Human Rights Commission, Equal Employment Opportunity Commission, and National Labor Relations Board. In addition, Brian routinely works with Human Resource Managers and in-house counsel preparing and reviewing employee...

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