What are the drawbacks?
Of course, the concept of limited access to the Internet is fine in theory, but that’s like asking someone to put away that open bag of potato chips. No one eats just one. The technical problems of the Internet also remain, and increased access to social networking sites raises the potential for viruses, spyware and hackers.
For reasons well beyond the scope of this article, people tend to have a heightened sense of empowerment on the Internet. With that comes the potential for abuse, including harassment. Likewise, employees with material on their personal sites that is considered inappropriate for the workplace may appear to be bringing material into the workplace by networking with co-workers, especially if it’s done on company time and using company equipment.
There are pitfalls in recruiting, as well. Say a candidate’s Facebook page indicates he or she is a member of a legally protected class of persons you wouldn’t have otherwise been aware of. Even if you reject that candidate for legitimate reasons, you may still face a wrongful failure to hire claim if it’s learned you accessed that candidate’s page.
How can a company protect itself once it joins a social networking site?
Make sure you have a strong electronic systems policy that clearly defines what your employees are allowed to do, and affirmatively address it with your people. Don’t be content to merely bury it in your handbook. Remind employees that you will be monitoring their Internet activities, and that while the occasional dalliance onto Twitter is OK, it must be limited.
Make sure your employees know the repercussions for inappropriate conduct, such as harassment and confidentiality breaches on social networking sites. And caution employees about mixing business and personal spaces. There are sites, such as www.ning.com, where you can create password-controlled spaces for exchange of information, videos, blogs and discussion groups among specific employee or client groups.
Peter B. Maretz is a shareholder with Shea Stokes Roberts & Wagner. He regularly advises businesses on all aspects of employment law. Reach him at [email protected] or (619) 237-0909.
