Sleuthing Your Own Employees

Are you sure your very own employees are not divulging non-public information on social networking sites such as Facebook, Twitter, MySpace or LinkedIn? There are certainly potential issues relating to the appropriateness of social networking while on-the-job (addressed in an earlier article on this blog), but more and more employers have a presence on these trendy sites and in many instances, encourage it. However, there may need to be protections for your business from your very own employees according to a Blogger News Network, April 6, 2010 article on the topic. (http://www.bloggernews.net/124226)
Really -- who needs thieves, when our own employees can be duped by users of crafty social networking sites to share logins and passwords to our company network. The above-referenced article describes one test of such a fact pattern which found nearly half of all the employees tested fell for the demands of a well-crafted, illegitimate duplicate site of their employer’s.
It’s nevertheless hard to put too much blame on the vulnerable employees – the duplicate site looked like very credible outreach from their HR department. And a recent Time Magazine article reported 70% of US HR officers reported utilizing social networking sites to screen employees. (“Social Networking Sites Can Lead to Legal Pitfalls,” http://www.bizjournals.com/dayton/stories/2010/04/05/focus3.html?b=1270440000^3132331) This begs the point that internal policies for any workplace can only help give guidance in this situation.
Because we can’t expect the social networking sites to do our sleuthing for us! As the Blogger News Network story suggests, employers ought best appoint a site administrator to oversee work-related online employee interfacing for the time being. And the best legal defense remains the best offensive strategy and taking extra measures to protect access to company websites and having a corporate policy/training on the topic just makes sense.
Sue B Martines, J.D.

Social Networking and Some Employment Law Snafus (Part I)

Imagine yourself the Human Resource Specialist for a large employer – as the arena of social networking explodes, you are faced with a series of issues that were never even considered before the days of internet insanity. Let’s try out a handful of these situations, and see how you would fare –
1. One of your employees is found to have posted their photo, complete in company logo shirt, on Facebook.

Does it matter that it’s a personal site? How ‘bout that the logo is represented in the photo?

The outcome might be to consider prohibiting the display of a company logo, or product, etc., on even an employees’ personal site. (Keeping in mind that certain businesses may want to have their logos or products given higher exposure.)

2. What if the employee’s photo is of themselves at work in a skimpy bikini?

Certain websites have privacy abilities where such photos may not even be seen, however, coworkers often bring to your attention items that even the employee themselves may not realize is visible. Can someone’s behavior after work hours be monitored? How does such monitoring balance with freedom of speech protections?

In reality, a situation like this is probably best handled in consultation one-on-one with the involved employee. The best case scenario would be the employee didn’t realize the photo was publicly visible and agrees to remove it. However, another outcome might be to consider prohibiting the posting of photos of work area, or on-duty activities. (For certain companies there is a security justification for such posting prohibition.)

3. What if employees take a pay cut because business is down, and then photos are posted by the boss’ wife on Facebook?

And then the employees start circulating a union petition…and demand a raise?? Isn’t there some similarities to the boss driving up to work in a new car?

At its heart, this is all about perception. If workplace executives or managers are counseled on the business impact of personal posts, along with the encouragement of using privacy settings, it should help. Also, it can’t hurt to increase your transparency, so to speak, of business finances. (And possibly gear up for a union election campaign at the same time!)

We want to hear from you – send your social networking and employment law snafu situations to us this week at suebmartines@gmail.com, and stay-tuned for Part II!

Social Networking Safe?????

Thieves attempting to acquire personal information for identity theft increased 240% on social networking sites from 2008 to 2009.

THE MANY USES OF SOCIAL NETWORKING

THE MANY USES OF SOCIAL NETWORKING
Michael McCoy and Sue Martines J.D.

It’s always been said that a jury of one’s peers will generate the most authentic outcome, although some would say, the most severe. Honesty can hurt. Just ask the manager of a 70-year-old supermarket chain who got fired, or at the least transferred, over refusing to exchange a $4 watermelon.

One disgruntled customer taking the real story to the social network of Twitter, Facebook, and other online resources, and the wheels of justice begin to really get rolling. Ask a friend, a neighbor, or colleague, how it would feel to have their spouse humiliated over a $4 purchase from a merchant who prides themselves on “customer convenience,” and they’ll tell you they’ll stop shopping there. But previously the buck would stop there.

Enter social networking. Now, with a brief description of your experience, and a request for action to your “network,” and the emails and calls to the store start flooding in. What retailer in their right mind is going to ignore an outpouring of negative responses from the very customer base it claims to hold dear?! And in a market where your existing customers are ever-more valuable.

This retailer didn’t ignore it. The customer’s been advised that neither he, nor the rest of the “network” will ever have to deal with that manager again. Click, type, action – results. The following quote is the response from the store director after a week long social networking campaign:

“I am not able to discuss details, just that you will not have to deal with the manager that caused you and your wife the problem. As I said before, we take customer service issues very seriously, and I hope to see you and your family back at XXXXX soon.”
Thanks,
Store Director

It’s not a stretch to wonder, when it comes to social networking, what’s next – influence global politics? Reunite estranged families? Shift the buying habits of a nation? On some of these perhaps, the jury is still out, but for this particular store manager, the verdict was clear. Guilty by a jury of his peers.

Michael McCoy can be followed at, www.twitter.com/mccoynews