maximize social business

Employers: Your Biggest Social Media Risks Identified


Employers: Your Biggest Social Media Risks Identified

Has your business identified your social media risks?

According to a recent world-wide survey, one of the biggest risks employers face regarding social media is: not properly training employees about social media policy. Over 37% of employers who responded to the survey proudly declare they have an air-tight social media in the workplace policy, but they fail to train employees about that policy. Making the additional investment of training can greatly reduce employee misuse of social media and can cut down the business’s need to impose discipline on employees.

The other greatest risk to employers focuses on former employees. A paltry 17.5% of businesses have provisions protecting against misuse of social media by former employees. These employers recognize that a person’s use of social media does not cease just because he or she changes jobs.

In my post for Maximize Social Business, I examine more results from this world-wide survey of businesses and offer some best practices for employers to follow.

Another Government Agency Addresses Social Media in the Workplace


Another Government Agency Addresses Social Media in the Workplace

In my latest post for Maximize Social Business, I summarize and analyze the impact of the public meeting and the issues that the EEOC highlighted. Ultimately, it is refreshing to know that most of the issues brought before the EEOC are ones that I have written about (and counseled my clients on) over the past several years. The EEOC’s interest in these issues, however, should serve as a reminder to employers that social media in the workplace will only raise more issues and pose more risks unless employers are proactive and avoid waiting for the EEOC to come knocking on the door.

A Single Facebook Post Results In $80,000.00 Loss


This past week mainstream press (not just employment law blogs) has been reporting on a single Facebook post by a Boston College student. Why? One of her posts resulted in a loss of $80,000.00 to her father. As it turns out, her post demonstrated that her father had violated a confidentiality provision in a Settlement Agreement he had entered into with his former employer after he brought claims of employment discrimination and retaliation.

This same week, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against CVS Pharmacy challenging the company’s standard severance agreement. The EEOC was particularly concerned with provisions it thinks trample on employee rights to discuss workplace issues, including the confidentiality provision.

In my most recent article titled “Can ‘Social Media’ and ‘Confidentiality’ Co-Exist In The Workplace” for Maximize Social Business, I analyze whether “social media” and “confidentiality” can really co-exist in a workplace, and how one Court ruled in favor of the confidentiality provision, while the EEOC challenges another. After you read the post, let me know what you think – did the Court get it right when it ruled against the Facebook poster and her family? Are the EEOC’s concerns valid, and if so, will employers be even more reluctant than ever to enter into severance/settlement agreements that will not contain confidentiality provisions?

Office Closures Lead To Employment Issues


Office Closures Lead To Employment Issues

The severe winter storms can bring employment issues when employees work from home.

Unexpected office closures due to weather, earthquakes, and other unanticipated events often lead to a variety of employment law/HR issues for employers and employees. Businesses should plan ahead for those unexpected closures so that they are prepared to handle safety, communication, productivity and many other issues.

In my January 2014 post for Maximize Social Business, I examine two social media/technology issues and also the important (and sometimes confusing) issues of wage payment during office closures. The post is titled “Workplace Woes During Weather Worries” but is certainly applicable to closures due to other events besides the recent Polar Vortex.

Image credit – Benjamin Krain/The Arkansas Democrat-Gazette/AP

 

Employer Avoids Liability Due to Employees’ Facebook Discussions


Employer Avoids Liability Due to Employees’ Facebook Discussions

Employees have a right to complain in Facebook discussions, but an employer may avoid liability if the employee is terminated.

Employees have the freedom to discuss and even complain about workplace issues and gripes. In non-union and unionized workplaces, employees are permitted to engage in protected concerted activity for the benefit of each other. Before social media, employees would typically discuss these issues together, in-person. Now, Facebook, Twitter and other platforms have taken the place of the water cooler and break room.

Recently, however an administrative law judge for the National Labor Relations Board determined that one of these employee discussions crossed the line and was not protected activity. This ruling is good for employers. It also reiterates why employees should think twice about being Facebook friends with co-workers, and how unprofessional use of social media can doom employment relationships and lawsuits.

For a more complete analysis of this case, read my latest post titled “Employee Was Properly Facebook Fired” published as my monthly Social Media and Employment Law contribution to Maximize Social Business.