A company policy can save employers a lot of blog-ache

In an age where it seems like almost everyone is expressing his personal thoughts on blogs, on social networking sites and in website comment sections, it’s essential that employers have policies governing their employees’ personal online activities.

“I would be hard-pressed to see a reason not to have one,” said Merril A. Mironer, a partner in the New York office of Katten, Muchin, Rosenman, where he focuses on labor and employment law. “And I generally think the policy should be fairly restrictive.”
Mironer and other employment attorneys have advised their clients that such policies are as important as the employee handbook, because on the Internet it only takes a click of the “Enter” key to put information out for millions to see.

Online comments can reach potential clients, investors, law enforcement officials and other employees, and the legal problems that can result are far-reaching.

A policy will protect employers from potential bias claims and lawsuits by employees who subsequently get “dooced” — the term used for being fired based on what they write online.

Philip Gordon, a shareholder in the Denver office of Littler Mendelson, said having an employee blogging policy puts employees on notice about the type of activities that can result in disciplinary action or termination.

“It’s a matter of fairness,” Gordon said. “If an employee is going to post a picture of himself or herself naked, wearing only a baseball cap with the company logo on it, [he should] know the repercussions and can’t claim later: ‘Oh, if only I’d known!’”

How broad?

Policies shouldn’t be limited to the world of blogging.

They should be broad enough to include statements made on Facebook and MySpace pages, Twitter, comments on other blogs, message boards or websites, or anywhere else on the Internet.

Employers should be careful not to make their policies too restrictive, however.

While generally at-will employees may be terminated for any reason, or for no reason, some states have enacted laws that prohibit employers from firing workers for expressing their political views. Also, if an employee belongs to a union and is terminated for speaking up against what he deems an unfair labor practice, he could be protected under the National Labor Relations Act.

Going overboard with prohibitions can be bad for morale, too, experts say.

As a result, employers may want to let workers know that what they do on their own time is really up to them — as long as it doesn’t involve the company.

“There are some employers that actually encourage their workers to blog,” Mironer said. “I would take a more neutral position instead.”

Writing a policy

The details of a company’s employee blogging and Internet-posting policy will depend on the type of business involved, but here are some general provisions that experts say should be included:

• The policy should state that blogging and other personal online activities should not take place on company time or using company equipment.
• It should expressly say that confidential information about the company should not be discussed or disclosed. It should also prohibit speaking on behalf of the company or with respect to the company’s business.
• The policy should prohibit critical or derogatory comments about the company or any of its employees, and any comments that could hurt the professional reputation of the employer.
• Bloggers should be told not to identify themselves as an employee of the company, or if they do, they should be required to state on the blog or website that the views expressed are their own and have not been reviewed or approved by their employer. They should also state that they assume full responsibility and liability for any work-related comments on the blog. This point is particularly important if employers encourage employees to blog.
• The policy should expressly state when, if ever, company logos or trademarked or copyrighted materials may be used.
• It may also be a good idea to encourage employees to deal with any problems they may have with coworkers or supervisors internally, rather than broadcast them online.