Social media is a part of most of our lives these days. We use it to stay connected with friends and family, to get news and information, and to share our thoughts and experiences.

But did you know that social media can also have an impact on your job? In this blog post, we will discuss some of the ethical and legal issues around the use of social media in the workplace.

Table of Contents

What is Social media?

First, let’s start with a quick definition of social media. Social media is any online platform that allows users to interact with each other. This includes popular platforms such as Facebook, Twitter, Instagram, Snapchat, and LinkedIn.

Legal Implications of Social Media in the Workplace

Now that we’ve got that out of the way, let’s talk about some of the legal implications of social media in the workplace.

Employee Privacy

One of the biggest concerns around social media in the workplace is employee privacy. Employers may want to access their employees’ social media accounts to see what they’re saying about the company or to make sure they’re not sharing sensitive information.

However, employers need to be careful when it comes to accessing employee’s social media accounts. In some cases, this could be considered an invasion of privacy and could lead to legal action from the employee.

Defamation

Another concern around social media in the workplace is defamation. This is when someone makes a false statement about another person that damages their reputation. For example, if an employee were to post false information about their boss on social media, this could be considered defamation.

If you are accused of defamation, you could be sued for damages. This is why it’s important to be careful about what you say about your coworkers and employer on social media.

Harassment

Harassment is another legal concern around social media in the workplace. Harassment is any type of unwelcome behavior that creates a hostile work environment. This can include things like making derogatory comments about someone’s race or gender on social media.

If you are found to have harassed someone at work, you could be fired from your job or even sued by the victim.

Political Statements

In the current political climate, it’s not uncommon for people to make political statements on social media. However, employers need to be careful about what their employees are saying on social media.

If an employee makes a political statement that is critical of the company, this could damage the company’s reputation. The employee could also be fired from their job.

Equally, depending on the position held by the said employee, statements and opinions on social media may be construed and interpreted as the company’s own – so it is important for employers to have a social media policy in place that sets out what is and isn’t acceptable.

Legal Position of Workplace Social Media Monitoring

In the U.S., there is currently no federal law that specifically addresses the issue of workplace social media monitoring. However, there are a few laws that may come into play, depending on the circumstances.

The National Labor Relations Act (NLRA)

The National Labor Relations Act (NLRA) protects employees’ rights to engage in “concerted activity” for their own benefit or the benefit of other employees. This includes things like discussing working conditions with fellow employees or sharing information about pay and benefits.

Limits to the protection Under The National Labor Relations Act (NLRA)

The NLRA also protects employees’ rights to use social media for these purposes. However, there are some limits to this protection.

For example, if an employee is using social media to make false statements about their employer, this could be considered defamation. Additionally, if an employee is using social media to harass another employee, this could be considered harassment.

The Occupational Safety and Health Act (OSHA)

The Occupational Safety and Health Act (OSHA) also protects employees’ rights to discuss working conditions with fellow employees or share information about pay and benefits.

Limitations of Employee Rights under The Occupational Safety and Health Act (OSHA)

However, like the NLRA, there are some limits to the protections afforded by OSHA. For example, if an employee is using social media to make false statements about their employer, this could be considered defamation. Additionally, if an employee is using social media to harass another employee, this could be considered harassment.

The Bill of Rights

The Bill of Rights is a set of amendments to the United States Constitution that protect the rights of Americans.

Freedom of Speech

The First Amendment protects the right to freedom of speech, religion, and assembly. This means that employees have the right to express their opinions on social media, even if those opinions are critical of their employer. However, as we discussed earlier, there are some limits to this protection.

In addition, limitation of these rights extend to contractual obligations, trade secrets, confidentiality agreements, ethical commitments and patents and trade secret protections provided for law. For example, freedom of speech does not allow a lawyer to share details of a matter he/she is handling in court, just like the same right doesnt extend to a Doctor’s action to share private medical details of a patient. Equally, freedom of speech does not empower accountants to share account details of their clients neither do they allow engineers, chefs, contracted creatives, content creators and other craftsmen to share recipes and formulas of their creations on social media.

Privacy Rights

The Fourth Amendment protects Americans’ right to privacy. This means that employers cannot require employees to give them access to their social media accounts.

Additionally, employers cannot require employees to add them as friends or followers on social media. However, there are some exceptions to this rule.

Exceptions to Privacy rights

For example, if an employer has a legitimate business reason for needing access to an employee’s social media account, such as investigating allegations of harassment or discrimination, they may be able to obtain a warrant from a judge.

Freedom of Association

The First Amendment also protects the right to freedom of association. This means that employees have the right to join or not join a labor union.

This right also extends to social media, which means that employers cannot require employees to add them as friends or followers on social media.

The Law Doing Catch Up With Social Media

The law is still catching up with social media, which means that there are many grey areas when it comes to the legal implications of social media in the workplace.

For example, there is no clear guidance on whether employers can require employees to give them access to their social media accounts. This therefore calls for presumptions and derivative implications from existing laws and judicial pronouncements.

Additionally, the law is still developing when it comes to the issue of employer monitoring of employee social media use.

While there is no clear guidance on this issue, employers should be aware that if they do monitor employee social media use, they could be exposing themselves to claims of invasion of privacy or discrimination.

Finally, it is important to note that the law is constantly evolving, which means that the legal implications of social media in the workplace may change in the future.

Employers and employees should therefore stay up-to-date on the latest developments in this area of law.

Internal Company Policies and Initiatives on Social Media

Most companies have social media policies in place that set out the expectations and limitations for employee social media use.

These policies typically address topics such as employee confidentiality, defamation, and harassment.

In addition, many companies have initiatives in place to promote the use of social media in the workplace.

For example, some companies allow employees to use social media for work-related purposes, such as marketing and customer service.

Other companies have social media training programs to help employees learn how to use social media in a way that is consistent with the company’s brand and values.

Finally, some companies provide employees with guidelines on how to use social media in a way that is compliant with the law.

The Use of Social Media in the Employment and Hiring Processes

Screening Applicants and Employees Through Social Media

There are a few different ways that employers can use social media to screen applicants and employees:

Checking an applicant’s or employee’s social media accounts to see if there is any information that would disqualify them from the job
Using social media to find out more about an applicant’s or employee’s qualifications
Monitoring an employee’s social media activity to make sure they are not doing anything that could damage the company’s reputation
Screening through the posts, opinions and comments of the prospective employee to gauge their standpoints in relation to the accepted opinions and standpoints of the organization in relation to political, policy or social arguments and persuasions.

While there are some benefits to using social media for screening, there are also some risks. For example, an employer might incidentally or accidentally violate an applicant’s or employee’s privacy rights. Or, an employer might make a decision based on false or misleading information that they find on social media.

Employers should also be aware of the potential for discrimination claims when using social media for screening. For example, if an employer only looks at the social media accounts of applicants who are of a certain race or gender, they could be accused of discrimination.

Restricting Employer’s Access to Social Media Passwords

In 2012, the U.S. Court of Appeals for the Sixth Circuit ruled that an employer could require employees to provide their social media passwords as part of a routine security check. However, this ruling is not binding on other courts, and some states have enacted laws that specifically prohibit employers from requesting or requiring employees to provide their social media passwords.

Even if an employer is not legally required to do so, it is generally a good idea for employers to have a policy that prohibits employees from sharing their social media passwords with anyone, including the employer. This will help to protect the privacy of the employees and avoid any potential legal liability for the employer.

In 2014, Illinois became the first state to pass a law that prohibits employers from requesting or requiring employees to provide their social media passwords. since then, a number of other states have enacted similar laws.

The social media password laws generally prohibit employers from:

Requesting or requiring employees to disclose their social media passwords;
Taking adverse action against employees who refuse to disclose their social media passwords;
Requesting or requiring employees to add the employer to their list of contacts on a social media site;
Taking adverse action against employees who refuse to add the employer to their list of contacts on a social media site.
While these laws vary from state to state, they all share the same goal: to protect the privacy of employees’ social media accounts.

Covert Data Mining By Employers on Social Media

Covert data mining is the practice of gathering information about an individual from public sources without their knowledge or consent. This can be done for a variety of reasons, such as to screen job applicants or to monitor employees.

Social media is a particularly rich source of information for covert data miners. By looking at an individual’s social media accounts, a data miner can learn a lot about them, including their interests, opinions, and relationships.

While covert data mining is legal in most situations, it can have some negative consequences. For example, if an employer uses covert data mining to screen job applicants, they may inadvertently discriminate against certain groups of people. Additionally, covert data mining can invade an individual’s privacy and cause them emotional distress.

Covert data mining is legal in most situations, but it can have some negative consequences. For example, if an employer uses covert data mining to screen job applicants, they may inadvertently discriminate against certain groups of people. Additionally, covert data mining can invade an individual’s privacy and cause them emotional distress.

Chipping of Computers and Gadgets to Monitor Internet Activity

Some employers go to extreme lengths to monitor their employees’ internet activity. One of the most invasive methods is chipping, which involves planting a small chip in an employee’s computer or other device that allows the employer to track their activity.

While this may seem like a drastic measure, employers have a number of reasons for doing it. For example, they may want to prevent employees from visiting sites that are not work-related, or they may be concerned about data breaches.

However, chipping can have a number of negative consequences. For one, it can invade an employee’s privacy and cause them distress. Additionally, it can lead to false accusations if the employer misinterpretes the employee’s activity.

Chipping is legal in most situations, but it can have a number of negative consequences. For one, it can invade an employee’s privacy and cause them distress. Additionally, it can lead to false accusations if the employer misinterpretes the employee’s activity.

Additionally, chipping can be used to monitor an employee’s internet activity even when they are not at work. This can lead to a feeling of being constantly watched and can cause employees to feel stressed and anxious. If you are considering chipping your employees’ computers or devices, you should weigh the risks and benefits carefully before making a decision.

The Thin Line Between Administrative Supervision and Invasion of Privacy

While employers have a right to supervise their employees, there is a fine line between supervision and invasion of privacy.

For example, employers may want to monitor their employees’ internet activity to prevent them from visiting sites that are not work-related. However, this can quickly turn into an invasion of privacy if the employer starts monitoring employee’s personal emails or social media accounts.

Another example is video surveillance. Employers may install cameras in the workplace to deter crime or catch thieves. However, if the cameras are pointed at employees’ desks, this can invade their privacy and make them feel like they are constantly being watched.

When it comes to supervision, employers need to be careful not to cross the line into invasion of privacy. If they do, they may face legal consequences.

If you are an employer, it is important to familiarize yourself with the legal implications of social media in the workplace. By doing so, you can ensure that you are not crossing the line into invasion of privacy and putting your business at risk.

Bottom Line

Social media is becoming increasingly important in the workplace. However, there are a number of legal implications that employers need to be aware of. These include employee privacy, defamation, and harassment. Familiarizing yourself with these issues can help you avoid potential legal problems down the road.

The bottom line is that while social media can be a great tool for employees to communicate with each other, there are some legal implications that employers need to be aware of. It is important for employers to have a social media policy in place that sets out what is and isn’t acceptable. Additionally, employees should be made aware of the potential risks.

Do you have any questions about the legal implications of social media in the workplace? Let us know in the comments below.

The Legal Implications of Social Media in the Workplace: Is the Law Doing Catch Up?