WEBVTT

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The internet and social media

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have created new areas
of concern for managers.

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You might wonder, how can
privacy law even be an issue

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for something that is so public?

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Well, the answer is, there are
at least two kinds of privacy.

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One is where we have to keep
confidential information...

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...confidential.

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But the other is where an employer

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is not allowed to consider
an employee's private life,

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even if that life is very public.

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For example, if an employee goes to
a political rally, on their own time,

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you can't use that
against them at work.

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With the internet, employees may
put out all kinds of information

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that you are not allowed to consider.

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Let's say, for instance,
one of your employees-

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or an applicant for employment-

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posts that they are gay, or that they
belong to a particular religion...

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...or that they've been diagnosed
with a serious disease.

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You cannot consider any
of those things in decisions

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that you make about them.

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On the other hand, if they
post items about work...

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...you very well may have
to take disciplinary action

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if what they are doing
violates company policy.

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So, if an employee posts
company confidential information,

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trade secrets, proprietary
data and the like,

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that is probably a violation
of your organization's policies

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and grounds for discipline
up to and including termination.

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Of course, you have to be able
to prove that this particular employee

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revealed the information,
so investigations will have to be done.

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In addition, high-ranking
employees can be prohibited

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from posting anything that reflects
negatively on the organization.

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A CEO, for example, who posts
that they go gambling every weekend

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could potentially be fired for that,

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because it may hurt
the reputation of the company.

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A low-level employee who
posts the same thing, though,

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probably could not be fired.

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It's their private life... and as long
as it doesn't affect work,

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there's nothing you can do.

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But employees at any level could
do something online that affects work.

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For example, there was
a case where employees were

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sexually harassing
a woman co-worker online.

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The company said,
"We can't stop them

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because they are doing
it on their own time."

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The court said WRONG.

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You can discipline them,

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and ultimately...

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fire them.

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What if employees
gripe about work online?

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They complain about
working conditions...

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...or maybe they say that you-
the manager- are an idiot!

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Can you fire them for that?

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Actually, the answer
here is, it depends.

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Whether or not you work
in a union environment,

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the labor union laws
apply to every company.

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And one of those laws
protects workers

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who attempt to organize
their co-workers

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on matters related to work.

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So, let's say an employee posts
a complaint about low wages,

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and even posts the amount they make.

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Then other employees comment
with their own complaints.

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That could very well be
considered protected activity

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and you can't discipline
them for that.

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You can't even have a policy
prohibiting those kinds of discussions.

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On the other hand,
what the lawyers call

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"mere gripes" about work,
generally are not protected.

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Perhaps calling you
an idiot is not protected

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and could be grounds for discipline.

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But before you do
anything, talk to HR.

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Another kind of griping is where
employees talk disrespectfully

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about the organization's customers.

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For example, hospital nurses
posted their complaints about

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challenges they have with patients.

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Things like, "Don't you hate
it when patients say

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they can't afford
a blood pressure monitor

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but they smoke cigarettes and drive
a new car? I just want to smack them!"

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Now, this is the kind of thing that
employees might say to each other

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in the hall or in the lunchroom
and wouldn't think anything of it.

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But online, where potential
future customers could see it -

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does the organization
have a right to say,

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"Employees can not talk about
our customers, even in general terms"?

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It's an open question.

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If you have this issue going
on in your workplace,

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it's a good idea to get some
good, solid legal advice

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before you take any action.

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Although many companies
have social media policies

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that limit what employees can and
cannot post on social networking sites

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about their employers, some states
have laws that prohibit employers

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from disciplining employees
for off-duty activity,

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unless it can be shown to damage
the company in some way.

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And, although it is legal for
a company to monitor social media

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to see what employees and applicants
are posting for the world to see...

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...many states protect employees
and job applicants from employers

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that require them
to provide a username

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or password for their
social media accounts.

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So, there is a fine
balance between employee

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and employer rights in this area.

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That's why it is important
to get legal advice.