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Oct. 23rd

Social Media in the Workplace and 3 Ways to Avoid Fallout

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Best Practices for Social Media in the Workplace

Across communities in the United States, the events of 2020 left some uncertainty about the state of our country. Then, 2021 reinforced the existence of social and political divisions among Americans. Specifically, social media in the workplace can lead to a strain in workplace culture and create reputational risk for a Company’s brand.

For employers seeking to create healthy workplace cultures that go beyond mere compliance with existing laws and promote diversity, equity, and inclusion, one of the many challenges is employee use of social media. As the number of platforms continues to expand, social media has the tremendous potential to amplify the voices of the approximately 70% of Americans who use these outlets to connect with each other. However, social media also has a similar ability to impair both in-person and virtual work environments.

Examples of Non-Work Communications

Many employees understandably regard their social media activity as “private” and may primarily use these platforms to communicate with individuals outside the workplace about various personal topics. However, most employers recognize the potential impact of social media in the workplace.

Think of these scenarios:

  • A teacher posts unflattering comments about students on a social media site intended primarily for family and friends. A journalist discovers the site, contacts the school where the teacher works, and writes an article describing the posts.
  • An individual employed as a hearing officer, responsible for determining applicants’ eligibility for government benefit programs, engages in a private online debate with an acquaintance regarding government assistance programs. During the debate, the hearing officer expresses the view that these programs should provide assistance for limited periods of time. The other participant in the debate forwards the comments to the hearing officer’s employer and demands an investigation into whether the hearing officer may be biased.
  • An employee of a financial institution posts comments on their social media platform regarding the actions of an individual accused of endangering a group of demonstrators protesting an incident of police violence. The platform is accessible to members of the public, some of whom contact the financial institution to demand clarification on whether the comments reflect the institution’s values.

How should an employer react?

Should the employers in these scenarios discipline the author of the postings? Does it matter whether the authors designated their social media site as public, or whether a member of the individual’s “private” circle disseminated the comments to the individual’s employer? Furthermore, does it matter whether co-workers or members of the public make the complaints about the postings? These questions raise important considerations regarding privacy, the reach of social media content, and the potential implications for workplace dynamics.

Whether an employer can and should take action will likely depend upon several considerations. Several factors come into play, such as whether the employer is a governmental entity. In which case, it must balance the employee’s First Amendment rights, or a private entity. Additionally, the position held by the author of the posting is crucial. As well as the extent to which the posting impacts or potentially negatively impacts public confidence in the entity’s ability to carry out its mission, serve the community, or disrupt its operations. These considerations are vital in determining the appropriate response to such postings in a professional context.

Social media in the workplace and how to avoid fallout

3 Way to Avoid Social Media Fallout

Before employee postings become an issue, there are at least three measures that employers can consider to mitigate the likelihood that employee use of social media will adversely impact workplace culture:

Social Media Policy in the Workplace

Since people extensively utilize social media platforms and often widely access the information posted on them, employers may wish to adopt and periodically update written social media policies or guidelines.

Educate Employees About the Company’s Expectations

When possible, employers should strive to message the Company’s guidelines and expectations with appropriate frequency. Employers can utilize microlessons to reinforce guidelines using short but meaningful real-world examples that require minimal time for employees to review. In the aftermath of local or national events that generate significant emotion and debate, employers may also consider enlisting members of the Company’s leadership to issue internal communications.

First, internal communications can acknowledge the impact of current events on the workforce. Second, recognize that some employees may choose to express views about these events on social media. Third, encourage employees to remain mindful that such communications may be seen by and impact co-workers and customers in a manner inconsistent with the Company’s values. If resources permit, employers may also consider providing tangible examples of communications that could raise concerns for the Company. Or, guidance about adjusting social media settings, to facilitate compliance with the employer’s expectations.

Connect Social Media Policies to Workplace Culture

Beyond adopting policies and educating employees, it is also essential to consider and communicate the “why.” The tendency of employees to regard their social media activity as private (even when the settings may cause that activity to be publicly accessible) and the belief that the First Amendment protects the rights of all individuals to “free speech” may create barriers that reduce employee receptivity to policies. Even when reinforced by periodic training, employers committed to developing a positive workplace culture will acknowledge these realities. They will also invest the necessary time and resources to help employees understand how and why such speech may erode workplace culture.

Among other action items, employers can reinforce acceptable ways of expressing disagreement. They can also remind employees of available mechanisms to raise concerns. For example, their colleagues’ social media postings that the employee may be unable or unwilling to address directly. Additionally, they can identify affinity groups or employee assistance programs. These may be able to provide support to express and process emotions associated with current social or political events.

Although social media in the workplace may provide an opportunity for employers to transform their employees into brand ambassadors, employee social media postings also may strain workplace culture and create reputational risk for a Company’s brand. Providing best practices, educating employees about the Company’s values, and connecting the policy with workplace culture to create a shared understanding of why it is important can help create a strong foundation and minimize the risk of any negative impact on the Company.

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Learn More About Social Media in the Workplace

To learn more about the impact of social media in a workplace workplace and how to educate your employees, check out the following microlessons and resources:

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Author

Simone Francis

Simone Francis

Employment Law ExpertSimone effectively spearheads and collaborates with external and internal teams to identify and deliver solutions to clients concerning employment law issues. As a civil litigator with more than 20 years of...Read full bio

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