A new study of Internet social networks finds that there are 120 million profiles on the four most popular social networks.
While many are high school and college students, there are millions of employees, and offensive material or images in these profiles may hurt their employers.
It's more than the embarrassing or graphic photograph.
For example, if an employee makes discriminatory comments about another employee or posts confidential information about the company in a social network profile, the employer could be held liable for the actions, particularly if the employee posts during work hours or through the employer's computer system.
An employer's power to discipline or terminate employees for their private Internet postings is not absolute.
One way that some companies attempt to balance their legitimate business interest against an employee's right to free speech is to provide social networking guidelines in a technology policy.
The guidelines should include:
- A disclaimer of employer responsibility for private employee profiles.
- A warning that employees making personal comments about the employer's products or services or other employees in a profile (or blog) will be subject to disciplinary action.
- A warning not to use company equipment or networks to create or update a profile, except if it is part of company business.
- A specific statement that social networkers must abide by company policies on confidential information and trade secrets.
In disciplining an employee for something on a social network profiles, employers should proceed with care to make sure they are not retaliating against a whistle-blower or punishing an employee for engaging in protected activities such as union organizing.
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