managing employee blogs, facebook pages and websites jonathan m. crotty september 24, 2009

MANAGING EMPLOYEE BLOGS, FACEBOOK PAGES AND WEBSITES

Jonathan M. CrottySeptember 24, 2009

INTRODUCTION

“The Spec-Tator”Whole Foods Mystery Blogger

Domino’s Pizza Hickory “Pranksters”

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WHAT SITES ARE WE TALKING ABOUT?

Social networking sites – Facebook, MySpace, LinkedIn

Twitter Wikipedia Blogs and personal websites YouTube

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WHY ARE COMPANIES CONCERNED?

Use at work – time wasting, harassment

Effects of postings on company Customer relationships Confidential information disclosure Public image SEC compliance

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BLOGS AND THE WORKPLACE

“The average IQ in America would increase if a bomb were dropped on Wal-mart Stores.”

--David Noordewier

ON THE OTHER HAND… Businesses want to encourage

legitimate and productive use of social networking sites

Company sponsored or encouraged blogs

“Tweets” to customers regarding new developments

LinkedIn and business networking

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SURVEY RESULTS

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SURVEY RESULTS

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SURVEY RESULTS

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SURVEY RESULTS

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SURVEY RESULTS

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SURVEY RESULTS

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SURVEY RESULTS

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SURVEY RESULTS

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SURVEY RESULTS

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SURVEY RESULTS

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SURVEY RESULTS

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SURVEY RESULTS

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INTERNET SCREENING OF EMPLOYEES AND APPLICANTS

Bozeman, MT password disclosure for applicants and subsequent public outcry

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PUBLIC SCHOOL TEACHERS GONE WILD

Charlotte Observer: According to the report, four other instructors have

been disciplined for using the social network for posts showing "poor judgment and bad taste." One teacher listed drinking as a favorite hobby and described her job as "teaching chitlins in the ghetto of Charlotte."

TWITTER TWIT Job seeker offered a job Tweeted this:

“Cisco just offered me a job! Now I have to weigh the utility of a fatty paycheck against the daily commute to San Jose and hating the work.”

To which, someone at Cisco responded: “Who is the hiring manager. I’m sure they

would love to know that you will hate the work. We here at Cisco are versed in the web.”

FACEBOOK FAIL

Former employee of Philadelphia Eagles, posted this status update:

“Dan is ******* devastated about Dawkins signing with Denver…Dam Eagles r Retarded.”

WHAT EMPLOYER WOULD NOT WANT TO KNOW THIS?

Employment at-will provides some protections

Internet as “public sidewalk” Protect against co-worker

harassment Confidential information/SEC

compliance

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LEGAL ISSUES INVOLVED WITH INTERNET SEARCHES

“The reason I started my blog in the first place was as

a form of therapy.”

“I have decided to continue to blog and spread my story about employer backlash.”

EEO/LABOR ISSUES ADA and confidential medical

information GINA NLRA SOX

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OTHER EMPLOYEE CLAIMS

Invasion of privacy FCRA – unauthorized consumer

reports Lawful products statutes Political beliefs – public

employers

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FEDERAL ANTI-HACKING LAWS

Stored Communications Act Computer Fraud and Abuse

Act Electronic Communications

Privacy Act

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BALANCING THE NEED TO KNOW WITH SEARCH RISKS

Think through in advance One solution not right for all

companies Consult with HR, marketing,

etc.

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BLOGGING POLICY Set expectations and

boundaries Elements:

Use of disclaimers Use at work Prohibited conduct Disciplinary consequences

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SCREENING GUIDELINES When will Internet searches be

conducted? Who will conduct the searches? Screening irrelevant information

from decision makers Disclosures to applicants/employees

about searches

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DON’T IGNORE CONSTRUCTIVE USES OF TECHNOLOGY

Encourage use where appropriate

Set guidelines for company-sponsored social networking

Top management should lead by example

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Jonathan M. CrottyAttorney at Law

Three Wachovia Center401 South Tryon StreetSuite 3000Charlotte, NC 28202

Direct Dial 704-335-9041Facsimile 704-335-9558Main 704-372-9000jonathancrotty@parkerpoe.comwww.parkerpoe.com