As the popularity of social media networks such as Facebook, Twitter, and Google Plus grow, many employers and human resources professionals are desperately seeking guidance and support; they see a potential for employees and prospective hires to engage in behavior that could be considered publicly embarrassing or even criminal. A disgruntled employee may also use these networks to release trade secrets or denigrate and possibly libel the employer or fellow employees.
What are the proper procedures for screening prospective employees and regulating the behavior of existing employees who may use – and, from the employer’s perspective, abuse – these networks? There is no clear policy or line of guidance available to address these concerns; in fact, many employers and HR professionals are suggesting and employing radically different policies.
Some employers across the country are taking the drastic step of requiring prospective employees to release the user names and passwords of their personal social media accounts. While this may be a comprehensive and preemptive solution, there has been a widespread public outcry and condemnation of this practice; as of January 2nd of this year, six states have outlawed it. It is already against the law in Colorado to “take action” against an employee for off-duty conduct, therefore Colorado employers in particular should refrain from this and other similarly invasive policies.
Attorney David S. Rubin, writing for the Society for Human Resource Management, suggests an approach he believes will also shield employers from the scrutiny of organizations such as the National Labor Relations Board: “Companies can more effectively protect legitimate online interests through other well-drafted and carefully enforced policies, particularly non harassment and confidentiality or nondisclosure policies.” When it comes to employing a social media policy, it may be advantageous not to “reinvent the wheel” and simply enforce existing policies, even if employees are using new platforms to violate them.
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