Social Media Law for Business Owners

Presented by: Eliot Wagonheim

Hearing Voices

“We don’t need a social media policy. No one is going to ‘friend’ their industrial hose

supplier.”

“I always check out job applicants on social media before the interview. It helps to see if they’re a good fit for us.”

…Voices

“We reserve the right to take action against any employee who says anything on social media that casts the company or those who work here in a bad light.”

…Voices

“We’re a pretty close-knit group. I’m Facebook friends with everyone who works here.”

…Voices

“We have a very strict internet and social media policy. We do not permit employees to access the sites at work. Period.”

…Voices

“We have no idea how to formulate a policy or even why we need one. Social media is not part of our marketing and what people do on their own time is up to them.”

…Voices

Pre-Recruitment

Recruitment

On-the-Job

Termination

If You’re a Business, Here’s Where it Matters:

National Labor Relations Act

Workers, unionized or not, have the right to discuss working conditions freely and without fear of retribution.

Spot the Violation

A caseworker for a nonprofit social services provider threatened online to complain to the boss that others were not working hard enough. The agency fired the caseworker and four responding co-workers.

Termination: Unlawful, as the comments constituted concerted labor activity.

Spot the Violation

A crime reporter tweeted on her private account: “What?!?!?!?! No overnight homicide...You’re slacking, Tucson.” The reporter was fired.

Termination: Lawful as the posts were offensive and not about working conditions.

Spot the ViolationA bartender, unhappy about not receiving a raise for five years, posted on his Facebook wall that his customers were “rednecks” who he hoped would choke on glass as they drove home drunk. The bartender was fired.

Termination: Lawful, as it was venting and not a concerted activity.

Spot the Violation

A social media policy in a company’s personnel manual stated: “offensive, demeaning, abusive or inappropriate remarks are as out of place online as they are offline.

Finding: Unlawful. The prohibition is broad enough to include protected criticisms of the employer’s

labor policies.

Spot the Violation

A company policy prohibited employees from posting things that “damage the company” or “any person’s reputation.”

Finding: Unlawful. Overly broad could prohibit concerted labor activity.

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To watch the full of this presentation video, check out http://youtu.be/vLpg0jTJVjk