Controlling Employee Social Networking

By: Beth Slagle

Employers and their employees disagree on whether or not companies should monitor what their workers post on social networking Web sites.

The Deloitte 2009 Ethics & Workplace Survey reports that 60 percent of business executives think they have the right to know how their employees profile themselves and their company on social networks.

But the study shows that employees balk at the idea of having their employer looking over their shoulders, with 54 percent saying that social networking pages are none of the employer’s business. Among 18 to 34 year olds, who tend to engage in social networking more than older employees, 63 percent of survey respondents say employers have no business monitoring any of their online activity.

Employees do seem to be cognizant of the harm that they can inflict on their employers on the Internet, as about 75 percent of them say that online social networks make it easier to damage a company’s reputation. But more than 60 percent say they won’t change what they’re doing online even if employers begin to monitor their social networking activity.

Employers do have the right to prohibit the use of company computers and computer networks for personal use, including for social networking and personal blogging.

Employers also can give their employees social networking guidelines, including:

• Warning that employees will be subject to disciplinary action if they make negative personal comments about the company’s products or services or other employees in a profile or blog.

• A statement that social networkers must abide by company policies on confidential information and trade secrets.

Employers should beware that in establishing social networking guidelines that they comply with all pertinent federal and state laws, including labor and anti-discrimination laws.

Beth Slagle, Esquire – Meyer, Unkovic & Scott, LLP bas@muslaw.com or 412.456.2890