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Should employers be able to restrict their employees from talking about their jobs on Facebook and other social media?
Do you post about your job on Facebook? Do you tweet what your boss or colleagues did today? What resitrictions, if any, should be placed by bosses, on the use of personal social media?
Tagged as: employment · facebook · social networking
Photo credit: Lapideo / Creative Commons
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My mom had an old timey saying back in the 1950s that "Fools names and fools faces always appear in public places."
This fools posts under his own name in public. But I don't much cater to the idea of putting all ones laundry out in public on the social networks.
And now Goldman-Sachs has essentially bought all of that FB info and undoubtedly will use it to prey upon people for commercial purposes.
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I'm as great a believer in common sense as in free speech. I think anyone speaking critically about their employer or its products on a publicly accessed forum is being rather stupid.
If discovered by management, they will be better off fired, than kept on and held back and given crappy jobs and never know why.
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What a great idea!
Social Media Sobriety Test Helps Stop Drunk Posting
http://laughingsquid.com/social-media-sobriety-test-helps-stop-drunk-posting/
And this from the Portland Business Journal regarding a recently deposed Portland real estate manager notes, "Managers have fewer employment rights to free speech than nonmanagers."
Probably more importantly, "
"The seeming anonymity of the Internet is an illusion."
Here's the article...
Read more: Brian Owendoff incident inspires caution | Portland Business Journal
http://www.bizjournals.com/portland/news/2011/02/08/brian-owendoff-incident-inspires-caution.html?ed=2011-02-08&s=article_du&ana=e_du_pubWhile it is illegal to deny employment or fire a person because of disparaging social media posts, that does not preclude the negative influence of employers taking that into consideration... as long as they don't make a formal statement suggesting the same.
So many times I have counseled my peers to stay away from these impulses to vent online. Not only does it reflect poorly on the poster but if the post is incorrect or not true, it could lead to legal action from the injured party for slander.
Such "bad manners" afre often done in a moment of anger or vindictive outbursts. One has to realize that the comments can jeapordize the employment status of the entire staff at your place of employment. Especially if the post is so damaging that it causes a decrease in business. The economy is tough enough already without the threat of losing your job from an internal threat via a thoughtless or untruthful comment online.
Then there is the issure of "cyber-bullies"... that could be a whole new Think Out Loud show!
Free speach is a right... as long as you are willing to pay the price.
"If you can't say anything nice, don't say anything at all."
Paul Paz - WaitersWorld
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I think because OPB prides itself on being the best news source available that they should be accurate in the terminology that they use. First of all, AMR, Inc. of Connecticut is a private company. Thus, there is no 1st Amendment issue implicated here, but rather the NLRB alleged a violation of a section of the National Labor Relations Act. Second, that would be aspects of Labor Law NOT employment law. The "speech" issue here has to do with a union member's ability to organize and criticize the employer via Facebook, but it is not necessarily clear that it applies to those employers who are not subject to the NLRA. Further, only government action is subject to 1st Amendment scrutiny and not private employers. Again, here, there was no 1st Amendment violation.
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True, it was a "protected speech" not a "free speech" issue. Correction made.
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" Should employers be able to restrict their employees from talking about their jobs on Facebook and other social media? " Set aside "employee ranting" perspective for a minute... Job-related social media posts can be used to develop profiles of a business competitor... what's been canceled, how well a product is doing in development, what cool new "things" a person is working on, what management changes are taking place, etc., etc. It doesn't even need to be an employee in a sensitive position... if enough lower-level folks post, patterns can still be found. In this case, if employee's have been clearly informed of the risk and recommended counter-measures, one can see a path to lawful termination.
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There are definitely some issues for both employer and employee to consider. The more critical the person's position within a company, the more likely someone will be paying attention to what is posted, and the less likely what is posted will remain private. If what the employee is posting proves damaging to the company, the employer should have the right to terminate employment for cause.
I would consider it this way: posting on a social networking site, whether the profile is private or not, is a lot like standing in Pioneer Courthouse Square, shouting your comment through a bullhorn. Most people are going to ignore you, but you never know who is going to repeat your comments to someone that you didn't intend to hear it.
A person should show a little restraint, and a company should consider some context to the chatter that gets repeated.
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Should employers be able to restrict their employees from talking about their jobs on Facebook and other social media?
Having NDA's with several dozen companies/individuals, not being able to tell you about most of the interesting things I have done, or in some cases who I have worked with and where and under terms specified in several cases I can ‘never’ legally disclose anything; I am always stunned at people that think they can post “whatever” and expect to continue on without consequence.
Do you post about your job on Facebook?
While I have logged into Facebook I have no presence on or need (addiction) to use Fb; other then as a tool to mine data on occasion.
Do you tweet what your boss or colleagues did today?
Twitter… Now there is a useless activity but please keep going you sometimes make my work easier.
What restrictions, if any, should be placed by bosses, on the use of personal social media?
Having been the boss for years I do not care what you do on your time as long as you generate enough wealth to justify your costs on my time: Smoke what you want, do what you want, say what you want, get married to a goat. As long as you do the job you are being paid for we are good. Thus, I would choose to place no restrictions unless I needed to secure IP/business info and then I would have one of the documents like I have signed in force.
On the flip-side I would have done my due diligence and spider’d the web with any final candidate for hire; I would know with some certainty of their propensity for public in-discretion and thus NOT hired them; and if you suddenly developed the need to blather, I would suddenly not need you in my employ. Words have meaning AND consequences, if you do not know that, sucks to be you!I will never have an employee if I can avoid it!
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This could be very enticing for "Card Check" intrusion into the work place. It could end up being the lesser of evils... social media or Card Check for employers and employees to defend their positions.
UGH....
Paul Paz - WaitersWorld
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if the 'bosses' were more adept at thoughtfully listening in the first place, there would be a lot less problem -
bosses too often have the problem of feeling especially entitled, and the workplace is a fiefdom of their own, and the worker is a sub-human inconvenience -
and we hardly need to foster that sort of mindset among our populace
assuming everything in the workplace is on the up-and-up, legitimate, et c., assumes quite a bit, doesn't it?
Not talking about what goes on at work would soon easily lead to a sort of underground where what the boss says, goes, no matter illegality, safety, faulty product, et c
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People have a right to their opinions and should be able to express them without retribution. However, in this day and age privacy no longer exists. Employers now search social media sites to get background information on people they are going to hire. There are consequences for putting your opinions out for everyone to see that can also be a detriment in the future. What you think is private isn't always the case.
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I was recently reading the ORS about establishing an LLC and there is a section that states that partners agree to not say disparaging remarks about their other partners. I believe that it is an agreement entered into to protect the LLC.
There also is a moral issue. I have been in local government for 20 years and it is always disturbing to me that citizens will put their comments in the news paper before they will exercise the appropriate venue of talking directly to those with whom they have issues.
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It is particularly amazing that people find the need to use Facebook at all, let alone post things about their boss on it. And, it is even more amazing that bosses read things posted about them on Facebook. Dumb or dumber? Who’s to know? Perhaps, they should fire the boss also. It is comical that we need to have this discussion, and not because people post things about their bosses, they post a whole lot of other nonsense, why wouldn’t they post the same nonsense about people they work with? I guess a free society does have to protect the rights of the less fortunate Facebook user. It is odd that companies would even be concerned about these comments, you can rarely get a company to respond to your complaint, allegedly they are too busy to bother, or just don’t care enough---so it is stunning businesses have the time, and interest, to worry about all the mean things their employees say.
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In this age of 'immediate media at the fingertips', an employer should be aware that anything they post on the internett may be read and interpreted outside of their original intent. Employers on the other hand should be more aware of these social media sites and blogs such as facebook, are seen as journal entries and a point of personal expression. On both accounts, people need to be aware and respectful of their concerns and of the employer should bring that up to the person personally in a respectful and concerned manner. As the employee should be aware that their expressions are not just a venting session because those immediate responses become loaded into the system. If problems are had on either side, they should be able to discuss them in a position to resolve the issue. that takes efforts on both sides.
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As I listen to the show, I wonder how many people are questioning whether the discussion should be happening, rather than if social media sites are an appropriate forum for such discussion. Shouldn't the same obligations and regulations one would apply to vocal or written discussions in a public forum also be applied to electronic discussions?
Also: Is it just me, or does it seem like social consciousness and courtesy are becoming less common? It seems to me that rudeness and narcissism are becoming normalized.
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My grandfather once commented "Common sense isn't common." I have to agree, based on the behaviour of some of my former co-workers. Mind you, Grandpa died in 1990, so it was some time ago that he said this, and I am convinced that it is even more true today!
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Companies should not have the right to regulate our lives outside the workplace. There are limited exceptions to this (and I stress limited), but too often we accept that workplaces can act as our own personal dictators and that we should be grateful for having a job. There is a difference between gratitude and pure subservience. You go to the place and do what you are supposed to and get paid for it. Beyond that, there should be no employer control. This includes what one says or what opinion one has among friends and even in public to a limited extent.
Some may believe employers are doing workers a favor to hire them. Actually the reverse is true; employers should be grateful to have workers who help them function.
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In a good marriage, a spouse only verbalizes less than 50% of their opinions and thoughts. 'Shutting-Up' really helps relationships from self destruction.
The Internet Social Media sites are still undergoing Adolescent and Juvenile Growing Pains. A lot of things are said that may be better left unsaid.
Politeness, Manners and Discretion are essential to Society. But the Internet and Social Networks as new media, need to evolve these essential Social Skills. It is like introducing the feral child Tarzan to the Victorian Society.
Just because you can say anything, doesn't mean you should say it--that is what we teach kinder-gardeners.
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Well, that was an interesting show.
And I wonder what effect FB has had on after work discussions in the local taverns and bars. I can remember guys and gals venting their work troubles over a beer or wine and leaving it at that. Do they still leave their work gripes at the bar?
I wonder how many bosses learn from something they read online and change themselves to be a better manager and human. Classically, people who are hired to change the work culture in a business get buy-in from the workers and some management but the obstacle is the owner and so positive change gets prevented.
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I wish I HAD a job to complain about. As it is, I am very selective about what I DO post on Facebook -- I did put what high school I graduated from (Thurston, in Springfield), but I purposely DID NOT put the year I graduated...that's nobody's business unless I choose to share it on a one-on-one basis.
I find it amazing that the employer had the money in this economy to waste time that they should have used to do productive work trying to read up on what their employees were saying on Facebook, or Twitter, or MySpace or any other social networking site. I would think that they would want to make sure that labour costs are spent on REAL work, not such frivolous fripperies. (Thanks, Don Kahle for that word -- fripperies!)
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Seems to me that if you have a complaint on your company, then don't put it on social media if that is gonna get you canned..there are other forms of communication that is just as easily available to get your hot air out on...a lot of folks just won't take a moment to think of the consequences of their actions...but then when you take freedom of speech for granted, people do stupid things...
There was that old proverb I know not where it came from, but it went:
"It is better to be thought of a fool in silence than to speak and remove all doubt..."
I like Tom D Ford's earlier comments on Fools names in Public places....
Technological advances in social media is wonderful...too bad many of the humans using it are still stuck in the dark ages...
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There was that old proverb I know not where it came from, but it went:
"It is better to be thought of a fool in silence than to speak and remove all doubt..." -- den4 — Wed Feb. 9th 11:39a.m.
I have seen that attributed to Mark Twain more than once. I don't doubt that he said it -- it seems like something he would have said.
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I am a student, and will applying for a career in the near future. Can prospective employers discriminate on the basis of the games that you play on line? FaceBook has a new game called "Pot Farm". The name tells you everything about the game. It is a fun game, and it is "just a game", but does this (can this) be held against you?
Thank you,
Stanley291
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Im prtty sure it can :/
Damien @ Que es amar
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Comments are now closed.
i feel that employees right to freedom of speech should be protected. We should all be able to voice our opinions (good or bad) about our job and co-workers. I personally post rants about my job on my facebook, however I would rather not have anyone from my work view them, so my profile is private.