Social Media: What You Need To Know Jennifer Sawayda Program Specialist Anderson School of Management University of New Mexico Albuquerque, NM

In the Beginning… When social media usage became an issue in the workplace, many companies addressed the issue by blocking social media sites outright. As social media use became increasingly common, and as businesses began to realize that social media could be used to promote the business and interact with customers, they began to allow for more social media usage in the workplace. At first it was common to monitor employees to ensure they were using social media appropriately. Eventually, even this proved too cumbersome. Which begs the question…

How can businesses enforce ethics and compliance policies regarding social media in the workplace?

Facts About Employee Social Media Usage 72% of social networkers spend some of their workday on social networks –28% said the time spent is an hour or more –One-third of this 28% say the activities are not work-related Demographics of social networkers: 47%<30 years old; 44% between 30 and 44 years old Active social networkers are those who spend 30% of their day or more online Surprising statistic for active social networkers in the workplace –Studies have shown that active social networkers are more likely to see and report misconduct than their counterparts. –Also more likely to experience retaliation for reporting it. However, other studies have shown that active social networkers have a greater propensity to engage in organizational misconduct

Social Media Ethics and Compliance Develop social media guidelines Insert social media guidelines in company code of ethics Social media training to teach employees about appropriate use Use social media to promote ethics and compliance –Kathleen Edmond’s ethics blog at Best Buy –Telling positive stories through social media turns social media into a positive opportunity for the firm The Ethics Resource Center recommends businesses tap into their employee expertise and encourage workers to use social media –This shows employees that the organization takes social media seriously and is willing to include employees in the process of using this resource as a way to benefit the firm

Banning Social Media Should companies ban social media use in the workplace? While this might solve the problem of inappropriate social media use, it also comes with disadvantages, including the following: –Missed opportunities to use social media to benefit the company, such as through enhanced customer relationships –Dissatisfied employees—many employees, especially younger ones, tend to view an outright ban as a clear sign the company doesn’t trust them –Employees don’t get the chance to visit social media sites during breaks, which they might feel is unfair and overly excessive Instead, many companies have adopted Internet use policies that state employees can use the Internet for some personal activities as long as it doesn’t interfere significantly with their work productivity.

The Blurring of Work and Personal Time The viral nature of social media means companies must be very careful how they use it. This also applies to employees. In the past, when employees had a work-related problem, they would talk about it outside the workplace with friends or families. Today, many end up posting negative comments on their social media sites. With social media usage becoming common at both work and during personal time, employees have begun to blur the two. A negative employee comment posted on social media has a way of getting back to the employer. What can the employer do if the comment was posted during an employee’s personal time?

How Often Do Employees Discuss Companies on Social Media? 53% comment about work projects at least once a week More than one-third say they use personal sites to comment about managers, co-workers, etc. As a result, businesses are realizing the benefits of adopting clear social media policies –75-80% of organizations have social media policies

Social Media Policies A logical answer might be to develop social media policies that tell employees they cannot post disparaging comments about the company on social media sites even during their off-hours. This could be a condition of employment, so it would be legal, correct? Wrong! The National Labor Relations Board protects employees’ rights to discuss workplace conditions. –Many firings that have resulted from employees bashing their employers on social media have been deemed as infringements on employee rights. –There is a fine line here on what companies can discipline employees for regarding the use of social media outside the workplace. This applies to company social media policies. Policies that sound too authoritative could be viewed as infringing on employee rights. –For this reason, some companies refer to social media policies more as “guidelines” to eliminate a tone that might sound too authoritative.

Past Cases of Firings Which of these constitute unlawful firings under the NLRB? Case 1: An paramedic was fired after calling her supervisor a “scumbag” on Facebook. Case 2: A bartender was fired after he called customers “rednecks” on Facebook and said he hoped that they choked on glass. Case 3: An employee vented online about another co-worker, and other co- workers responded to her post. She and the co-workers that responded were fired. Case 4: An employee at a BMW dealership was fired for Facebook postings that embarrassed the firm. He criticized the dealership for serving cheap food at a sales event and for posting pictures of an accident involving a Land Rover dealership (part of the same sales group) that occurred when a 13- year-old drove the car down an embankment. His post: “This is your car: This is your car on drugs.”

Rulings Case 1: The NLRB ruled that the employee was wrongfully terminated. Calling her supervisor a “scumbag” was protected speech as it dealt with a condition of employment. Case 2: The NLRB ruled the employee was not wrongfully terminated. The NLRB found this to be “personal venting” that did not involve “concerted activity” dealing with wages or working conditions. Case 3: The NLRB ruled that the employees were wrongfully terminated. The postings were deemed as involving an issue of employment and was therefore protected. Case 4: The NLRB first ruled that the employee was unlawfully fired, but a judge for the NLRB later overturned this ruling. While the BMW salesman’s posts about the cheap food at the sales event were deemed as protected speech, the photos and postings involving the car accident were not “protected or concerted” because it didn’t involve an issue of employment. However, the dealership had to show that the salesman had been fired over the second incident, not the first.

The Case of Butler Medical Transport LLC and Former Employees William Norvell responded to an employee who had been fired from Butler by suggesting she contact a lawyer or the labor board. He was fired after being informed that he had violated the promise made by Butler employees to avoid saying anything online that could damage Butler’s image. –NLRB ruled that employee was wrongfully terminated. Even though Norvell might have “promised” to avoid disparaging statements about Butler, these promises violated his right to discuss work conditions or employment Michael Rice posted that he broke down while driving a Butler vehicle because Butler wouldn’t buy newer vehicles. An investigation by Butler found the assertion to be false, and Rice later admitted he had been driving a private vehicle. –NLRB ruled that employee wasn’t wrongfully terminated. His postings were deemed to be “maliciously untrue and made with the knowledge that they were false.” Therefore, they were not protected under the NLRB law.

These cases clearly show the difficulty involving employee posts on social media. So what are some takeaways for employees and employers?

For Employees… Know your rights, including what is considered protected and unprotected speech. If it is something that you don’t want you boss to see, don’t post it! –Remember the viral nature of social media! Don’t assume that it won’t get back to your employer. Consider carefully when deciding whether to “friend” or “follow” fellow co-workers or managers. –Many employees choose not to friend co-workers or managers because they do not want details of their personal lives to be observed by colleagues or supervisors. –If you do decide to friend co-workers and/or managers, assume responsibility for whatever you post on your site. Exert caution when posting items that may cast you or your employer in a negative light.

For Employers… Be careful when developing social media guidelines. –Make sure these guidelines are not ambiguous. –Ensure that they do not compromise employees’ rights of protected speech. Educate your employees regarding your social media guidelines so they have a better idea of what is and is not acceptable. Make sure to inform them about the viral nature of social media postings. Know what types of speech are protected and what is not. Types of speech that may not be protected include: –Postings constituting a threat –Negative postings that do not involve conditions of employment –Postings that might reveal sensitive or proprietary information –However, even these situations aren’t black-and-white, so exert caution!

The Effectiveness of Social Media Guidelines Communicate –Have a clear policy and make sure your employees are familiar with it. Prepare –Train and educate employees. Teach them about what is and is not acceptable. Review –Determine whether your social media policy is working. Surveys and/or Internet/security monitoring can be used to gauge the effectiveness.