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Managing Employees on Social Media
Editor's Note: On Feb. 7, American Medical Response of Connecticut settled the case mentioned in this article. Under the agreement, which was reached one day before a hearing by an administrative law judge was scheduled to begin, American Medical (AM) agreed to revise its “overly broad” social media policies. The employee, Dawnmarie Souza, settled privately with AM. The main issue of the case, i.e., whether employee discussions on
Facebook constitutes concerted activity under labor laws, was not addressed in the settlement. The case remains an important one as a cautionary warning to employers to tread carefully before firing employees for their social media activities.
Your employee is angry with her supervisor and posts a scathing rant on Facebook. Another employee is frustrated with her bonuses and starts an online group for fellow employees to complain about the company's compensation practices. Still another posts photos of himself wearing a hat with the company logo while drinking in a bar. How does the employer manage the online actions of its employees?
In the early days of the Internet, employers were surprised to find employees airing company dirty laundry online. Many employers filed lawsuits against employees, attempting to squelch negative dialogue and intimidate others from speaking out in public. Philosophically, employers were at odds with the Internet. While the Internet thrived on open communication, employers wanted their privacy.
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