Companies are taking an increasing interest in what employees are saying about their jobs and employers when the employees are away from the workplace. A growing number of employees are taking advantage of the instant worldwide communication available through the internet. Employees unhappy with their employer may choose to vent either through an on-line diary (known as a "weblog" or "blog") or during a discussion in an internet chat room. Employers are discovering they need to be aware of what their employees are saying in such a forum.
Why should an employer care? There is an increased risk of betrayal of company confidential information, defamation of the company and its leaders, and disparagement of products and services provided by the company. The effect on employee morale and cooperation can be dramatic if one employee is discussing their negative opinions of their co-workers and supervisors in such a public forum.
Microsoft fired an employee after he took pictures of a shipment of Apple Computers arriving at the Microsoft campus and then posted the pictures on his blog. Google fired an employee after he started talking about a soon-to-be released new product. Both of these employees arguably were just relating interesting things they learned through their work; it just didn't dawn on them that what they were sharing might be considered confidential information by the company. The firing of employees for what they share on their blogs has become so common that a term has been coined for it: "dooced". The term came into being after the author of the "dooce.com" blog was fired for sharing her feelings about her employer and fellow employees. She did not share confidential information; she simply vented about and spoke candidly (and negatively) about her impressions of her co-workers, supervisors and workplace.
Is your company ready to withstand the scrutiny of being discussed on a blog or in an internet chat room? Employers can discipline or terminate someone for inappropriately discussing the workplace in a public forum, so long as the statements are not otherwise protected.
What should you do? Without a policy that lets the employees know of the company's expectations regarding such public communication, the company risks an employee challenging such an action in court. Remember, policies are an effective way to communicate the c ompany's expectations regarding the employee's behavior. If you aren't ready to be discussed on the internet, or if you want to have some control over how much is shared, then it is strongly advised you consider adding a public internet communication policy to your handbook.
We would be happy to help you develop such a policy. Let any of our employment team members know if you would like our assistance or have questions.