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Social Media Policies

The First Amendment guarantees citizens the protection of free speech from intrusion by the government. However, employees do not have the same protections as private-sector employers. But that doesn’t mean that businesses can curb all employee speech.

An employee's posts on social media platforms might be considered protected concerted activity if the employee is discussing working conditions and other labor relations matters. In recent years, the National Labor Relations Board (NLRB) and courts have found that social media posts might be protected even if they contain profanities or appear disloyal to the business. Thus, employers should ensure that their social media policies and practices can't be reasonably perceived as restricting such discussions.

However, employees don’t have the right to express sexist, racist, or other discriminatory comments where such comments constitute violations of law. Employees should comply with company policies against discrimination and harassment. Postings that include harassment, discrimination, threats of violence, or other unlawful or inappropriate conduct may subject the employee to corrective action up to and including termination of employment.

Best practice guidelines include:

  • Employees should not post during working time or any time with company equipment or property.
  • Employees should be respectful and use good judgment when posting.
  • Employees should be aware that communications are not private and can be forwarded or copied long after the original post is sent.
  • Employees should remember that company policies, including confidentiality of proprietary business information and customer privacy, apply to social networking sites.
  • Employees should remember that if they identify affiliation with the company, they should make clear that postings reflect their views, not those of the company.
  • Employees should not speak to the media on an employer’s behalf if they are not the company’s designated media contact.

Your FrankAdvice HR Consultant is available to consult on a social media policy.

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Put some clear and concise content in here. Keep your reader in mind. What are they trying to do? What are they hoping to learn? Why are they reading this? Help them out and use the tone and voice of your organization.

Put some clear and concise content in here. Keep your reader in mind. What are they trying to do? What are they hoping to learn? Why are they reading this? Help them out and use the tone and voice of your organization.