Social Media Fails – Social Media Policies for your business and why you need one!
Social media is addictive! I love getting caught down a Facebook or Instagram “rabbit hole” when I have the time! As human beings, we crave interaction (maybe not after a long week and too much “talking with people”). That need for interaction can, delightfully, now be done at any time of the day and from any location via social media. What an amazing world we live in. But I have to remember that what I say on Facebook or post on Instagram can impact me, my professional reputation - as well as the company I work for. The same goes for everyone at work, right? Everyone knows that…. don't they? (Number one rule of HR: never assume “everyone knows that”. Ever).
Employees posting on social media is considered normal these days and indeed, other than some specific professionals (I’m thinking MI5, politicians, police or VIP confidantes) it would be unreasonable to ask employees to refrain from using social media. It is everywhere and in many cases helps us “do business”. Some would say that not having a social media profile seems “dodgy”. So how do we ask our employees to use it (for the better of our brand and also themselves) and what do we do if something goes wrong? How do we walk that fine line between what is personal and what is “unprofessional” when an employee’s social media post is flagged to a business as damaging? And how does it work when that employee is a Manager of others?
If you are an extra working on the set of Glee, it is not a great move to tweet to the world a plot spoiler. When Nicole Crowther, an extra on the now-cancelled Fox show Glee, tweeted out who was crowned prom queen and king in a not-yet-aired episode in 2011, Glee co-creator Brad Falchuk responded by tweeting: “Hope you’re qualified to do something besides work in entertainment…Who are you to spoil something talented people have spent months to create?”. Ouch! #burn
An employee I worked with made comments on a Facebook post in support of violence towards females. Another delightful gem had threatened physical violence to another employee who they had friended on Instagram (I am assuming a wayward boyfriend was involved). Both of these were flagged by the client and the old “Disciplinary Angel” that is HR sprung to action. The employee’s arguments for each of their misdemeanours varied slightly but the central theme was that it was their “own view”. So is it possible for us to separate employees’ “own views” and those that may be seen as acceptable (or even endorsed) by the company?
A well thought out and robust Social Media Policy can very clearly set out your expectations, and provide a valuable benchmark as to what is acceptable and what is not.
Here is a list of some very important key areas to cover in your Social Media Policy:
1. Conflicts of Interest
Is it acceptable for your employees to work for others? Are you happy for them to work for unrelated businesses in their spare time? Are you happy for them to work for competitors (or would it be unreasonable to say they could not?).
These are questions to ask yourself when you draft your employment contracts and a clear directive that they cannot work for competitors, suppliers or clients can assist with social media posts that could be confusing to those who are watching!
2. Identifying Oneself
Do you want your employees to tell others they work for you on a public platform? Identifying themselves as an employee can have a benefit to your brand when they do amazing things (like do marathons for charity or personally promote their amazing workplace to friends). It can be a fine balancing act and a decision you need to make.
Do you want your employees to list their place of work on their profiles? If so, what can you do to distance yourself from comments or posts that are not in alignment with your business ethics or morals? See “3. Representation Disclaimers” below.
3. Representation Disclaimers
A way of ensuring any badly placed comments can be seen as separate from your business is to stipulate that all employees who identify themselves as employees (or list their place of work) must also stipulate that “all views are their own” (or something along those lines). It's worth noting that there is little to no case law which supports doing this (yet employment lawyers advise the practice over and over again so there must be something in it). These disclaimers are meant to simply alert others to the fact that comments or posts are made by your employee as an individual and not their employer. Disclaimers are important and advisable (but a robust social media policy and education on this is more important!). Although it would not completely distance your business from wayward comments or posts and certainly would not protect you legally, it could go some way towards protecting the perception of your brand and indicates an intention from the employee.
4. To Thine Own Self be True (not generally a phrase associated with social media!)
Think about what type of company you are, think about how you value or do not value social media as a forum or platform for your business brand. Deciding this will paint the tone for your social media policy. If you operate within an industry where social media is your bread and butter then your policy needs to reflect this. You must accept your staff, who you have hired for their tech skills, will undoubtedly use social media in their free time (and also in their work time perhaps!).
If you operate in an industry where confidentiality is key and you are in the public eye (or dealing with sensitive material) then your appetite to encourage social media usage will be less. I am positive that MI5 has quite a strict policy for example (#JamesBond #ShakenNotShared).
5. Confidentiality and Discussing Others
Confidentiality is key across most businesses and most well-drafted contracts of employment will mention this. Social Media Policies should always confirm confidentiality directives. The same goes for speaking about fellow employees, suppliers or worst still; clients or customers. It is never okay to bad-mouth (or even discuss) customers or clients on social media.
6. Include the dos as well as the don’ts
Along with telling employees what is NOT okay, it's also important to tell them what you encourage. Social media can be a great platform to celebrate your brand. Confirming that it is acceptable to share work awards (or appropriate work wins) can promote your brand as an employer. When it comes time for a recruitment drive, friends of your employees will be lining up to join you!
7. Clarify what constitutes misconduct or serious misconduct
No one likes to talk about the elephant in the room: what to do when it goes wrong. But Social Media Policies (and your other policies) are a way of regulating behavior and there needs to be an awareness across the business as to what will happen when policies are not adhered to. Its often useful to give a (non-exclusive) list of situations and what the company deems as acceptable (and indeed what is not).
A comprehensive Code of Conduct and Disciplinary Policy should spell out your internal processes for managing breaches of the social media policy (or other policies). Make sure your processes are aligned to employment legislation on the topic and that you follow your policies when things do go south! As with most workplace policies and procedures, there will always be those times that employees do not heed the voice of warning. Make sure they have an understanding of the consequences of their decisions.
Social Media and the world of the “worldwide web” is a huge part of the modern working world and one that simply cannot be ignored. Deciding what your business finds acceptable, creating clear policies around this and educating your employees on these policies is a sure way of protecting your brand in this ever social world.
For help with developing a stand-out Social Media Policy and templates customised to your business’ needs contact one of our HR Business Partners or email info@corehr.co.nz
*All comments in this blog post are the bloggers own and are in no way endorsed by the company by which she is employed.
