There’s a ‘line’ for a reason…

Crissy Lintner

Social media has created a conundrum for businesses. Where is the line when it comes to an employee’s professional life and personal life? How can an employer protect its image when an employee uses poor judgment on Facebook, Twitter or another social media venue? And, is it an employer’s right to dictate what an employee says – or posts – on a personal, yet public venue? 

Case in point – recently, NBC News featured a pretty darn bad military faux pas from some National Guardsmen at a fallen soldier’s funeral. Now, I’m not really sure why any of these individuals would think it OK to silly-pose with an empty, flag-draped casket then post to social media, but they did. And, one took it to an extreme in her post saying, “We put the FUN in funeral.” ::jaw dropped, shaking head in dismay:: 

This is a case that was clearly an “on the job” moment, and I’m sure correct funeral protocol and behavior was taught in training – but was etiquette for selfies and social media included? And, can you account for immaturity of these members of our military? Unfortunately, no. The National Guard took immediate action to reprimand those involved, which was the correct move to make.  

Regardless of what employers want when it comes to employees’ personal social media use or whether employees prefer employers to stay out of their business, there is a line that exists between appropriate and inappropriate commentary on social media. Where crossing that line becomes a problem for both parties is when it reflects poorly on the employer. Otherwise, most employees don’t run into issues for complaining about a bad day at work, a difficult client or an off-color remark. 

In today’s example, I have no explanation as to why a member of the U.S. military would ever feel she could freely dishonor a sacred, important duty like serving at the funeral of a fallen comrade. To quote Forest Gump, “Stupid is as stupid does.” But, companies should clearly outline policies regarding social media and train their employees – department by department, person by person – on what is considered unacceptable and what could negatively impact their careers. 

Here again, the question arises: where’s the privacy line? Well, maybe it’s not about the line. Maybe it’s about an employer taking that extra step to acknowledge, “We know you have a personal life outside of work, and that is fine. But as a general life rule, think twice or three times before you post because social media is never 100 percent private, and you cannot guarantee what will and won’t be shared beyond your circle of trust.” 

So, my quick tips to employers: 

• Be clear about your expectations when it comes to social media use. Create a policy regarding both the company’s and its employees’ social media usage.
• Specifically outline at what point or why an employee’s personal social media activity could be detrimental to his/her career and what action will be taken.
• Acknowledge your dedication to maintaining privacy of your employees with regard to social media, and offer them guidance on what they should do with regard to social media as it relates to their employer. 
• Consider a social media etiquette workshop that is applicable to both the professional and personal sides of life.
• If deemed appropriate, require a statement to be included prominently in the “About” section of their social media pages. We suggest something to the effect of “Opinions are my own and do not reflect that of my employer.” 
• Remind employees that if they want to ensure their social media use is mostly private, be sure to engage higher privacy settings and be cognizant of what is publicly posted. This doesn’t always mean that something they post on Facebook wouldn’t be shared with the employer by a “friend,” but it makes the probability less likely.
• For businesses whose employees may frequently connect with clients, media or other external audiences through their personal outlets, remind them that they can set privacy settings to only show some posts to certain people and always be cognizant of their audience if they choose not to use these restrictions. 

What are your tips for employers when it comes to social media policies? featured a pretty darn bad military faux pas

Social Media: What’s your Game Plan?

Ali Glemser

Recently, an employee for the Lacoste clothing company posted a picture of his paycheck on his private Instagram account and wrote, “Paycheck. Still silly to me. Ever since I was a kid I've thought it was completely insane that we have to work all our lives. I still feel that way. Especially when it's only enough to live in a third world apartment….which for some reason in NYC is ok…I'm done with it.”

The employee was terminated after a “friend” of his showed a copy of the post to Lacoste. The company stated he violated confidentiality terms of his employment.  

Sure, the employee’s comments were negative and, by the transitive property, were associated with the Lacoste brand. But let’s consider the bigger picture, and perhaps, choose our battles more wisely. 

One, the employee had a private account, meaning he must choose who can view his pictures. Lacoste never would have never seen this comment without his "friend" bringing it to their attention. Two, the National Labor Relations Act protects wage discussions by employees. It doesn’t appear that Lacoste consulted the NLRA’s provisions before taking action. Three, the public might not know exact figures for job salaries, but most of us can guess the tax brackets certain jobs are in. I think I can speak for most people when I say that I wasn’t surprised to see the employee wished he’d earn a larger paycheck. 

Courtesy of Flickr

Considering these notes, who really caused the negative press for Lacoste? The employee letting off some steam to a small group of hand-selected friends? Or, the company that fired its employee after seeing information from an employee’s private social media account that they didn’t have access to?

Companies must be aware of their perceived image from other businesses, their consumers and their employees. Although companies should monitor these perceptions, they should be proactive in educating employees about social media usage as well. You can’t expect employees to be effective ambassadors of your brand image if you don’t give them the tools to do so. 

A social media plan for employees is important for informing them about your brand and what is unacceptable information to share with people outside of your office. The NLRA protects speech about wages, working conditions and other types of employee information. The NLRA's policies should be the foundation for a social media plan for employees that companies tailor to fit their business. 

Companies may form their own guidelines however they’d like, as long as their policies don’t infringe upon employee rights protected by state and federal governments.  The most important part of the plan is to make sure your employees know about it and that it is enforced fairly. 

Although, the Lacoste employee was unhappy with the amount of money in his paycheck, I’m sure he is worse off with no job at all. Chances are, he would not have risked his employment if he had known about his protected speech rights under the NLRA, and I’m sure Lacoste would have chosen to take action differently if there was already a social media plan in place.

Moral of the story: It is always best to be on the offense, rather than the defense, when handling social media.