managing employee blogs, facebook pages and websites jonathan m. crotty september 24, 2009
TRANSCRIPT
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 [email protected]
