What Employers Need To Know About Employee Blogging

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What Employers Need to Know About Employee Blogging


Summary:
In the digital age, the convenience of the internet has enhanced communication between employers and employees. However, the rise of employee blogging has raised concerns about potential disclosure of company secrets and criticism of employers. As a result, many employers are looking for ways to manage these issues effectively.

Key Considerations:

Employee blogging presents several challenges for employers. Employees may inadvertently share confidential information, criticize the company or its employees, or engage in activities that conflict with company policies. Courts have often sided with employers who terminate employees for such breaches, citing a violation of the employee's duty of loyalty, which includes confidentiality and obedience.

Examples of Issues:

Several high-profile cases highlight these concerns. A flight attendant was fired for posting provocative photos in her airline uniform, a Google employee criticized his employer on his blog, and a Microsoft employee shared photos of Apple computers being delivered. Each faced termination due to their blog content.

Balancing Free Speech and Company Interests:

While employees may argue that monitoring their blogs violates their right to free speech, this protection mainly covers government restrictions. In "employment-at-will" states, employers can dismiss employees for disloyalty. However, employers must tread carefully to avoid harming their reputation by appearing overly intrusive.

Creating Blogging Policies:

To navigate these challenges, employers should develop comprehensive policies on employee blogging. These should address:

- Blogging agreements and procedures
- Use of electronic resources
- Rules on harassment, discrimination, and non-disclosure
- Guidelines for handling confidential company information
- Internet usage during work hours

Companies without clear internet usage guidelines should establish them promptly and inform employees about monitoring practices. Review internet security measures to prevent data breaches and ensure adherence to confidentiality and professionalism.

Legal Considerations:

While setting blogging guidelines, employers must avoid violating labor laws, whistleblower statutes, and specific state regulations that protect off-site or private activities. Some states prohibit terminating employees for actions unrelated to their job. Additionally, employee blogging should not interfere with union organizing or similar activities protected by law.

Monitoring and Compliance:

Employers should designate someone to monitor blogs, ensuring compliance with regulations. Public companies may be required to do so under state or federal laws, while private companies can monitor to prevent misconduct. Importantly, blogging policies should align with the National Labor Relations Act, which protects certain blogging activities. Keeping employees informed about policy updates is crucial.

In summary, while employee blogging can pose risks, comprehensive policies and careful monitoring can help employers protect their interests without infringing on employee rights.

You can find the original non-AI version of this article here: What Employers Need To Know About Employee Blogging.

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