42 JANUARY / FEBRUARY 2023 Debra A. Mastrian Partner Amundsen Davis LLC DMastrian@ AmundsenDavisLaw. com Employees frequently use social media to vent workplace frustrations or express their views on political or social issues. Sometimes employees use social media to make or “like” sexist or racist “jokes,” disparage or defame a coworker, disclose customer information, or harass or retaliate against a coworker. Like it or not, social media is here to stay. The proliferation of social media and mobile devices has changed the way businesses and employees communicate. The most well-known social media channels are Facebook, Twitter, LinkedIn, Snapchat and Instagram; however, social media is a broad term that encompasses a wide range of technologies. While social media has its benefits, offering business opportunities for growth in sales, recruiting and collaboration, it also presents legal risks for employers. Those risks include disclosure of confidential or proprietary information, security breaches (employees fall victim to online scams), violation of privacy laws or regulations, invasion of privacy, discrimination or harassment, violence or bullying, defamation, retaliation, copyright or trademark violations, whistleblowers, compliance with electronic monitoring statutes, and off-duty conduct giving rise to tort or other legal claims. As regulated financial institutions, banks are subject to many laws and regulations, including the GrammLeach-Bliley Act, that protect customer information and privacy even outside of the workplace. What can an employer do to protect against those risks? First and foremost, employers should have a robust social media policy that applies to employees’ personal use of social media, whether with their own personal device or a company-owned device. The policy should explain that the use of social media presents certain risks and carries with it responsibilities, and Social Media in the Workplace Recognizing and minimizing legal risks alert employees that conduct that may negatively impact the company’s legitimate business interests may result in disciplinary action, up to and including termination. The policy should inform employees that the company’s other policies, including on confidentiality, customer privacy, workplace violence, harassment, discrimination, retaliation, and code of conduct apply to their online activities. Examples are helpful: % Do not make obscene, threatening, discriminatory or harassing comments. % Do use proper privacy settings. % Do not disparage the company’s customers or competitors. % Do not share any customer information. % Do not violate copyright or trademark laws. % Do be honest and accurate. The policy should also make it clear that only designated employees are authorized to speak publicly on behalf of the employer and that employees should not hold themselves out as spokespersons for the company or its customers. Employees should be required to use a disclaimer if they make comments relating to the company, that they are expressing their own personal views and not those of the company. Employees should also be informed that employers have the right to lawfully monitor compliance, without notice, including viewing information which an employee creates, transmits, downloads, uploads, exchanges or discusses on social media sites while on working time and using a company system or any device (e.g., personal cell phone) linked to it, and that their use of the company’s systems is consent to monitor. What should employers do when they learn of a social media post that appears to be inappropriate? The answer depends on the content. Employers must be mindful that employees (non-management) have the Amundsen Davis LLC is a Diamond Associate Member of the Indiana Bankers Association. HUMAN RESOURCES
RkJQdWJsaXNoZXIy MTg3NDExNQ==