MANAGING EMPLOYEE BLOGS, FACEBOOK PAGES AND WEBSITES

MANAGING EMPLOYEE BLOGS, FACEBOOK PAGES AND WEBSITES Jonathan M. Crotty September 24, 2009

INTRODUCTION • “The Spec-Tator” • Whole Foods Mystery Blogger • Domino’s Pizza Hickory “Pranksters”

WHAT SITES ARE WE TALKING ABOUT? • Social networking sites – Facebook, MySpace, LinkedIn • Twitter • Wikipedia • Blogs and personal websites • YouTube

WHY ARE COMPANIES CONCERNED? • Use at work – time wasting, harassment • Effects of postings on company • Customer relationships • Confidential information disclosure • Public image • SEC compliance

BLOGS AND THE WORKPLACE “The average IQ in America would increase if a bomb were dropped on Wal-mart Stores.” --David Noordewier

ON THE OTHER HAND… • Businesses want to encourage legitimate and productive use of social networking sites • Company sponsored or encouraged blogs • “Tweets” to customers regarding new developments • LinkedIn and business networking

SURVEY RESULTS

INTERNET SCREENING OF EMPLOYEES AND APPLICANTS • Bozeman, MT password disclosure for applicants and subsequent public outcry

PUBLIC SCHOOL TEACHERS GONE WILD • Charlotte Observer: • According to the report, four other instructors have been disciplined for using the social network for posts showing "poor judgment and bad taste." One teacher listed drinking as a favorite hobby and described her job as "teaching chitlins in the ghetto of Charlotte."

TWITTER TWIT • Job seeker offered a job Tweeted this: • “Cisco just offered me a job! Now I have to weigh the utility of a fatty paycheck against the daily commute to San Jose and hating the work.” • To which, someone at Cisco responded: • “Who is the hiring manager. I’m sure they would love to know that you will hate the work. We here at Cisco are versed in the web.”

FACEBOOK FAIL • Former employee of Philadelphia Eagles, posted this status update: • “Dan is ******* devastated about Dawkins signing with Denver…Dam Eagles r Retarded.”

WHAT EMPLOYER WOULD NOT WANT TO KNOW THIS? • Employment at-will provides some protections • Internet as “public sidewalk” • Protect against co-worker harassment • Confidential information/SEC compliance

LEGAL ISSUES INVOLVED WITH INTERNET SEARCHES “The reason I started my blog in the first place was as a form of therapy.” “I have decided to continue to blog and spread my story about employer backlash.”

EEO/LABOR ISSUES • ADA and confidential medical information • GINA • NLRA • SOX

OTHER EMPLOYEE CLAIMS • Invasion of privacy • FCRA – unauthorized consumer reports • Lawful products statutes • Political beliefs – public employers

FEDERAL ANTI-HACKING LAWS • Stored Communications Act • Computer Fraud and Abuse Act • Electronic Communications Privacy Act

BALANCING THE NEED TO KNOW WITH SEARCH RISKS • Think through in advance • One solution not right for all companies • Consult with HR, marketing, etc.

BLOGGING POLICY • Set expectations and boundaries • Elements: • Use of disclaimers • Use at work • Prohibited conduct • Disciplinary consequences

SCREENING GUIDELINES • When will Internet searches be conducted? • Who will conduct the searches? • Screening irrelevant information from decision makers • Disclosures to applicants/employees about searches

DON’T IGNORE CONSTRUCTIVE USES OF TECHNOLOGY • Encourage use where appropriate • Set guidelines for company-sponsored social networking • Top management should lead by example

Jonathan M. CrottyAttorney at Law Three Wachovia Center 401 South Tryon Street Suite 3000 Charlotte, NC 28202 Direct Dial 704-335-9041 Facsimile 704-335-9558 Main 704-372-9000 jonathancrotty@parkerpoe.com www.parkerpoe.com

MANAGING EMPLOYEE BLOGS, FACEBOOK PAGES AND WEBSITES