Social Media in the Workplace 3/22/2017

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2017

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Social Media in the Workplace

Presented by Angela Kennedy, PHR

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Agenda

• Famous Terminations

• The Legal Landscape

• Best Practices

• Real Stories from the HRSC

• Creating an Effective Policy

• Looking Ahead

• Q & A

Back in the Days of the Wild West…

Famous Social Media Terminations

Were these terminations justified?

Unfashionable pizza uniforms

Bitter baristaProgrammer

calls out sexist jokesters

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ALL terminationson the previous slide

were postings of protected speech.

The Legal Landscape

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So what does this mean in plain English?

Found the posts were not harassing enough to lose protection of the Act because:

1. The posts were not made at work or during work hours

2. Posts were related to protected criticism of employee’s job performance

3. Several posts did not mention the coworker by name

4. Although some language may have been harsh did not create an intimidating, hostile or offensive work environment

National Labor Relations Act

Protected Activity

Right to bargain collectively or form

a union

Right to discuss Terms & Conditions

of employment

Pay

Working conditions

Hours

National Labor Relations Board

• Has struck down provisions of employers’ social media policies

• Cites NLRA Section 7 violations in challenges

• Employee-friendly decisions have

been common

• Uses very broad definition of “concerted activity”

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The Road Ahead…

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Harassment

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Best Practices

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Real Stories from the HR Pros

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Case Scenario: Employee WoesWe have an employee who is trashing the daycare center on her social media page. I would like to know if we have any

recourse against this.

Case Scenario: Guilty by AssociationLast night I got an email from one of our hairstylists saying the husband of our spa’s front desk manager is racist and she

fears for her life. The husband runs a Facebook page full of racist, hateful comments and she is afraid the front desk manager feels the same.

Case Scenario: Threats An employee was on Facebook during working hours which is against our policy. Remarks she made could be considered threatening, including one about her manager: “Help me stay in this seat and not get up, walk across this room, and kick this (expletive) in her throat! I'm too adult for this atmosphere. This is the most unprofessional place I have ever encountered. I should go slap the HR manager for lying to me in the interview.” Please help, I've never dealt with this before.

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Case Scenario: Resignation via FacebookOne of our managers saw posts on an employee’s Facebook page about the employee getting another job offer. This made the manager believe that this employee would not show up for work today. Sure enough, the employee did not show up today. Because it’s written on her Facebook wall that she accepted another job, if this employee does not show up for work, would she still be considered a no-call/no-show, or a resignation?

Case Scenario: Anti-Facebook Policy?We do not want employees to

be posting on Facebook while at work. Should we implement an Anti-Facebook policy?

Creating an Effective Policy

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Recommendations to Employees

Discuss Use at Work

Prohibit Retaliation

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Best Practices Recap

• Don’t prohibit protected activity

• Prevent bullying and harassment

• Comply with state laws

• Closely monitor the policy

Q & A

PHR | HR Consultant

Angela has extensive experience in HR, conflict

management and employee relations. She spent

several years working as a high volume (and full

cycle) recruiter for a large multi-channel retailer.

Angela earned her B.A. in English Literature and

Criminology from the University of South

Florida. and also holds a paralegal certification

from Saint Petersburg College.

Angela Kennedy