Current Events - Social Media & the Workplace

Due to the explosion of social media in global culture, there are many questions that arise as it relates to the worker-employer dynamic:

·         How much information should people reveal about themselves on social media sites and what are their legal rights?

·         Do employers have the legal right to request login information from current and prospective employees? If granted access, can employers use this information to make judgment calls on the character of current and prospective employees?

·         At what lengths should employers go to make sure that private information is not illegally disseminated?

This issue is important from a legal standpoint because both sides should know their rights…there should be no “grey area”. The purpose of this blog is to investigate the questions posed above and more as it relates to the worker-employer dynamic, specifically within the United States.

From the employer standpoint, the primary issue is the illegal dissemination of proprietary information. Companies must make sure that controls are in place to safeguard against information leaking out through improper channels.  The risks are huge…knowledge of financial transactions unintended for the public could have negatively affect the market. Disgruntled employees could share data not meant for the outside world. Worker productivity is affected…time spent on Facebook and Twiiter is that much less time spent working. So far, the courts have sided with the employer on these matters. Electronic communications by the worker are considered voluntary. The employer expectation of legally protecting themselves takes precedence in the courts mind. That said, earlier this year, the state of Maryland passed legislation (effective October 1, 2012) that essentially states employers are not allowed to ask for login information to social media sites from current or prospective employees for purposes of hiring decisions. In that same legislation, it stated that employers can request login information for purposes of investigating unlawful activity. Similar laws are pending in ten states.

For workers, the way the law pans out remains to be seen. At the forefront for employees is whether criticizing an employer in blog posts is protected free speech. We have seen numerous cases of workers being fired for posting negative comments about an employer or the workplace on sites such as Facebook and blog sites.

In my opinion, it’s simple. If you are a worker, don’t post anything online that you wouldn’t want your boss to know. If you’re an employer, only investigate an employee if you have reason to believe that something improper has occurred.

Social Media, Employee Privacy and Concerted Activity: Brave New World or Big Brother? Jeffrey A. Melo – 2012

Social Media Accounts in the Workplace: Employers Need to Proceed Smartly in the Workplace in the Face of the New Law – Poerio & Johnson – 2012

Avoiding Social Media Catch 22s – T. McCollum - 2012