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The first part of this article addressed issues surrounding the effect of the Internet on hiring and firing in the 21st Century. The conclusion herein discusses the laws that impact social networking in the workplace, and provides guidance on developing a social networking and blogging policy.
Off-Duty Conduct Statutes and Privacy Laws
Many states have enacted off-duty conduct statutes, which prohibit an employer from disciplining an employee for engaging in lawful conduct while away from the employer's premises. These states include, most notably, California, Colorado and New York. However, these statutes also provide exceptions that allow employers to limit otherwise lawful, off-duty conduct where it creates a material conflict of interest for the employer or is reasonably related to the employee's job. For example, the New York statute allows an employer to discharge an employee for off-duty conduct that creates a material conflict of interest related to trade secrets, proprietary information, or some other business interest.
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