Some employees take to Facebook to bash their employer. Does the company have to take that, or can they take employment action? Social media has been around long enough now that there is a decent amount of legal precedent. But as you might expect, the answer is, it depends.

If the posts fall under the umbrella of protected concerted activity there is not much the employer can do from a disciplinary perspective; although, there is plenty they can do to attempt to reengage the employee. Protected activity includes comments about working conditions and wages.

However, there are some things that may fall OUTSIDE of the protected activity umbrella and may be subject to action. This can include the following types of posts.

  • If the employee simply goes on a rant and says disparaging things about the company and managers.
  • Threatens other employees.
  • Says things that aren’t true.
  • Discloses confidential or proprietary company information.

This highlights the importance of having a social media policy. There are two distinct types of policies. The first were written by lawyers and risk managers who clearly didn’t understand social media. They were full of thou shalt nots but were not particularly useful. Rulings by the National Labor Relations Board (NLRB) determined some of the provisions of these early social media policies to be illegal. The second were written by lawyers and marketers who do understand the power of social media to help a company, its brand and its culture. These policies encourage the positive use of social media but provide employees with simple guidelines that will keep them out of trouble with the company.

Having a well-written social media policy can be a life-saver when faced with the inevitable situation when someone posts inappropriate content. Without a specific policy, management finds itself reacting to the post and potentially making a bad situation even worse. This can give the employee even more to post about. The worst-case scenario involves sanctions from the NLRB.

Contact the Davidson Group for a review of your social media policy. If you don’t have one, we can provide you with one. Call 336-294-5053 to speak with one of our HR experts today.