Social Media Policies For Optimized Employer Branding Employee conduct on social media is a hot—and complicated—topic in human resources and recruiting. Over the years, a handful of high-profile, cringeworthy cases of damaged careers and company brands at hands of employee social media posts have had companies scrambling to find a happy medium between controlling the brand image and invasion of employee privacy.

Employee Conduct - Social Media Policy

Developing a social media policy that makes it clear what the company does and doesn’t expect of its employees, and making sure all employees are aware of and sign off on the policy, including updates, has increasingly become a key duty of human resources. These policies can range from basic to complex, fairly free to prohibitively restrictive. Each type of policy has its strengths and implications. To strike a sensible balance between protecting your organization and its brand image while respecting employee privacy and personal speech, consider focusing on these five important categories:

EMPLOYEE PRIVACY

Be sure employees know that your company expects that all staff will respect the privacy of every individual in your company, including contractors. Private information, conversations, or moments witnessed or overheard at work should not be recorded on employee’s social media accounts, even if protected through privacy filters, without the permission of all individuals involved.

HARRASSMENT

Have a very clear and enforceable social media policy within your overarching harassment policy that addresses the online behavior. It should state that no online harassment, sexual or otherwise, of company staff or contractors, will be tolerated and are grounds for termination. Examples of the myriad types of online harassment should be made available to employees to remove ambiguity about what does and doesn’t constitute online harassment.

INTELLECTUAL PROPERTY

Not all instances of brand damage via social media are the result of poor character or ill will. Even well-intentioned employees sometimes make bad judgments in their enthusiasm about a new product or service, or other company developments. Even if you have an NDA, your social media policy should still include specific guidelines for posting company-related information online. Have clear communications policies in place that govern the sharing of information like product launches, demo ideas, and related employee advocacy. This applies to your ERP, too. Let employees know at what stage of a recruitment the door opens up to referrals. Note: It shouldn’t be the day your vice president of marketing suddenly resigns.

DEFAMATION

It’s human nature to let off steam by gossiping and complaining about co-workers, and especially managers. But when it’s done online, especially via social media or regional/industry forums where the disgruntled employee is likely to share “friends” or contacts with other employees, things can get sticky fast. A defamation clause in your social media policies helps ensure that employees understand that not only are they expected to respect the privacy of everyone they work with and among, but that defamation of character, in particular, is going to be treated very seriously. Several cases of employees publicly disparaging co-workers or even fabricating derogatory information about or events involving other employees and managers have gone to court, with mixed results. Having a clear policy that prohibits this behavior and outlines how the company will handle it, and making sure all staff read and sign off on these policies, will help protect your organization and its employees.

SOCIAL MEDIA CONDUCT POLICY

With very few exceptions, we as employers cannot dictate what employees do, who they associate with, or what they say in public when they’re not on the clock as a company representative. This leaves the door open for online behavior that reflects badly on an organization. In most cases, these are fairly benign if unbecoming incidents—an unfortunate photo of an employee at a bar, or a party, or an insensitive or vulgar comment. But in some cases, online conduct can have series consequences to the company and its brand image. Remarks, images, or video on social media that constitute hate or discriminatory speech, threats, or illegal actions—even if not expressly associated with the employee’s job or employer—can not only be badly damaging to the company’s image and reputation by proxy, but in some cases can put the company at legal risk. A clear conduct policy, specifically as it relates to social media and other online channels, can outline the behaviors that are subject to review, and those that are subject to immediate and non-negotiable dismissal. Consult with your legal department or company counsel to determine what you can and cannot include in these kinds of policies, and the language required to make them clear and enforceable and un-infringing on employee rights.