What Employers and Employees Need to Know About Using Social Media

 Posted on August 30, 2023 in Business Law

In today's digital age, social media has become an integral part of many people’s personal and professional lives. Social networks like Facebook, Twitter, Instagram, LinkedIn, and TikTok offer their users the opportunity to connect with each other, share information, and express their opinions. However, the use of social media in the workplace can present both opportunities and challenges for employers and employees alike. 

It is important to understand the legal implications and best practices surrounding social media use to avoid potential pitfalls. An attorney with experience in employment law can help employers develop beneficial social media policies and guidelines, and can also help employees respond to any inappropriate actions or restrictions by employers in regard to social media use.

Can an Employer Tell an Employee Not to Use Social Media? 

Employers should establish clear and comprehensive policies to govern the use of social media by their employees. These policies should outline acceptable and unacceptable behavior, confidentiality requirements, and guidelines for representing the company online. 

By implementing such policies, employers can protect their brand reputation and ensure that employees understand the boundaries of social media usage. However, employers should not attempt to prevent employees from discussing their employment altogether. This could be a violation of the National Labor Relations Act, which gives employees the right to share information with co-workers about income and benefits and take concerted action to improve working conditions.

Employees should familiarize themselves with their employer’s social media policies and adhere to the guidelines. While an employee may identify their employer in their bios or posts, they should make sure to note that their opinions are their own. And while employees can engage in concerted activity to improve their working conditions, they cannot post information that they know is false, and disparaging comments about an employer will not be protected if they are not related to labor issues. 

Privacy Issues

Privacy is a major concern when it comes to social media usage. Both employers and employees need to be aware of the privacy settings on their social media accounts and understand how their information is being shared. Employers should refrain from requesting access to employees' personal social media accounts, as this can infringe on their privacy rights.

Employees should also be cautious about the information they share on social media platforms. Even if privacy settings are in place, it is important to remember that nothing is truly private on the internet. Personal information shared on social media can potentially be accessed by employers or colleagues.

Discrimination and Harassment

Social media can be a breeding ground for abusive language and harmful acts. Employers have a responsibility to create a safe and inclusive work environment, both online and offline. It is essential for employers to address any instances of discrimination or harassment that occur on social media platforms involving their employees. 

Employees should also be mindful of their online behavior and refrain from engaging in discriminatory or harassing activities. Posting offensive or derogatory comments about colleagues, clients, or the company itself can have serious consequences, including legal action. It is important to treat others with respect and professionalism, even in the virtual world.

Monitoring and Discipline

Employers have the right to monitor employees' social media activities that are conducted on company-owned devices or during work hours. They may also take steps to prohibit certain activities while employees are working or restrict the use of social media on company computers, smartphones, tablets, or other devices. 

However, it is important for employers to strike a balance between monitoring and respecting employees' privacy rights. Employers should clearly communicate their monitoring practices to employees to avoid any misunderstandings.

Contact Our Greenwich, CT Employment Law Attorneys for Social Media Issues

If you have any questions or concerns about social media usage in the workplace, it is important to consult with an experienced employment law attorney. Our team at Ivey, Barnum & O'Mara, LLC is well-versed in the legal issues surrounding social media. We can provide both employers and employees with guidance on how to address concerns related to social media policies. Contact our Metro New York employment law dispute lawyers at 203-661-6000 to schedule a free consultation.