Questions:
Task 1: Issues related to Tolu’s alleged conduct
Task 2: Good practices related to managing Social Media at Workplace
Answers:
Introduction
Tolu, a twenty- five year old who has always been an excellent employee in the organization she is working in- but just one mistake caused a termination of her employment. Issues like use of social networking sites at the office, your privacy and freedom of speech don’t really mix well with your professional work environment. Freedom of expression of people and an employee of an employer should be same but it is not so in Tolu’s case. Tolu had posted a blog post and which created havoc for her because she being with a little bit of hangover. She was aware of the fact that social networking accounts of the new recruits were being checked but she felt mistreated when she found out that her account and personal blog was checked, as well. Moreover her perception of being clean at the social networking she didn’t really check her accounts. But a small remark on her boss made her lose her job. Now the thing which has to be seen is that whether she has been unfairly treated or not.
Task 1- Issues related to Tolu’s alleged conduct
As a Human Resource Consultant to Tolu, I would like to mention that whatever Tolu had done was against many matters which can hamper her growth and career at the workplace. Moreover, this kind of alleged conduct which was committed by her lead to her termination was somehow justified by the company.
The issues which can be raised by the corporation against Tolu are as follows:
Managing Conduct: There is a set of certain applicable laws and regulations which need to be followed at a workplace with a code of conduct even. The organization will never allow and overlook the activities of employees who attain outcomes through violation of the law or unethical doings. This act will include much more that social networking posts in this case- activities like rebates, bribery, etc.
The organization needs the employees to achieve minimum standards as per law.
Now the point comes, organizations can certainly come up with many riders to it, and the laws can be formed within the organization. The General Employee Conduct doesn’t allow the employees to do drinking; gambling, fighting and similar activities which are considered unprofessional. These are strictly not allowed on the job. For example employees using inappropriate language, harassment, even use of foul language for other employees on the job. Also, like posting unfitting materials on social networking sites can also land employees into many problems.
Company Reputation: The reputation of the company is definitely at stake, and Tolu should understand that this being a very serious matter and her blog post can actually make the company see in the bad light. Here the issue of company reputation is very critical and because of her blog post (in whichever state she had posted- that can’t be really considered) – her immediate boss and the company has been made to see very poorly. These sorts of issues where the foremost stakeholders of companies- The Human Resource are keeping the reputation of the company at stake.
Staff Communications: With so many internal messaging systems being there in companies, as an HR consultant I would like to make this clear to Ms. Tolu that she can’t post such words ‘idiot’ for her bosses and the upper management. Moreover, her conduct which has been shown to her is not accepted by the company. Also, the staff and she being one of them were clearly communicated that the social networking accounts of the employees will be checked. This is mainly for the new recruits who were being hired, it’s something the present employees should understand and should set an example for them.
Privacy at work: Privacy at work might be there. But the way Tolu had given her consent out in the public where she said that she might take leave on Thursday because she can’t work for that ‘idiot.’ This wasn’t privacy which will be given by the company. A common rule which is there that really can’t mention or have this kind of freedom of speech where you comment on your colleagues and the same won’t be even tolerated by the company. The freedom of speech may be there in the public domain such as Facebook and blogs but not any ill abuse to any colleague or the organization.
Can somebody be fired because of any Facebook or Blog post?
The National Labor Relations Board (NLRB) has noticeably mentioned some concepts such as “protected concerted activity.”
What do you mean by this? If any employee is stating and discussing things related to criticism of an employer, the working conditions they have in the workplace and any kind of divergences with any of the employer’s decisions or the workplace policies in social media. They all are covered under the “protected concerted activity.”
But the major difference lies to discuss or to more much about it- it’s allowed. But what is not allowed is the solely complaining a lot and not having a discussion.
Thus, this is the legal position of Tolu as far as her post is considered. The Unconscious Bias Theory is something which covers that how different can be biased to terminate someone. Also as per the social cognition theory- how people interpret the “implicit expectations that effect how incoming information is interpreted”. And this is the main reason some decisions can get influenced even. For example- As an HR consultant I can also say that this might be an effect of some kind of cognition theory due to which this post hers got twisted and interpreted in some different manner which leads to termination of her employment.
Many such examples have happened like a reporter at
A legal case which happened in France
In 2011, the criminal court of Paris held an appeal- There was a case where the employee didn’t have her information publicly available and had settings to her content and while this he insulted his employer on Facebook. Here this case was a criminal case. Thus, this can show us that how serious was the case.
A legal case which happened in the United States
Despite of the legislative trend, the employees doesn’t understand that the information which is posted on Facebook is not protected. Unprotected information has a coworker post items related to his colleague on his Facebook page while the colleague was his friend on Facebook (see Sumien v. CareFlite, 2012 WL 2579525 (Tex. App. July 5, 2012)).
Task 2- Good practices related to managing Social Media at Workplace
There are many types of guidelines and codes of conduct for the internet and social networking use.
For the same, we need to work out a policy which should be in writing as to mention that which kind of behavior accepted from employees in the professional environment.
A clear set of guidelines and code of conduct should be made which covers almost all the social media platforms and the kind of things and content which is allowed to post.
Making sure that there is a line between private and professional life: An employer should make it clear that there should be the clear line between the usage of social media platforms for business and private use. In the absence of the same, it makes it difficult for the company to make sure that there is a proper check on the content which is being presented or put up by the employee of an organization. If there is a limited allowance from the side of the employer, then there fewer chances of cases being there related to misuse of the same.
There are several advantages of having the policy related to social media platforms:
- The employer gets free from any liability for any action of its workers
- Allow the managers to manage the employee’s performance effectively.
Keep on changing or amendments in the policy:
It’s a great step to have a policy but an old regulation which is not in line with the dynamic trends of these social media platforms.
Social Networking Sites- these platforms are way too different than our e-mail and Internet use. SNS pose very different privacy challenges which has to be mentioned in the policy
The most important thing is to communicate the same in an efficient manner. Without this- it won’t do any good to any of the parties involved.
With SNS in place, all the minute issues related to it also need to be addressed with the workplace privacy issues.
The policy should also address:
- It should be clearly mentioned that whether the employees are allowed to use any of the personal or employer hosted social networking sites in the office or not?
- If they are allowed then for what purposes the SNS can be used.
- Whether the employer keeps a check on the usage of every employee or not.
(This will help the employee to know the inside out of the situation as far as the social networking sites are concerned what- legislation applies)
It should be very clear that what other kinds of networks are covered in the Social Networking Sites policy. What other rules are applicable in the case of Social Networking Sites in the workplace.
A food service director, graphic sexual images were used to sexually harass and retaliation were done and shared on social networking sites. The most important fact was- the pictures had been shared on Facebook. (Meng v. Aramark Corp.)
Thus, this is the case law where if there was no allowed use of Social Networking Sites, thus it should be clear in the case.
Conclusion
The conclusion thus is that if employees are aware of their line in between professional and private lives and all the things such as social networking sites’ policies and a lot more is clear. Then issues like such and cases like such can have a downfall. Moreover, we need to make sure that as Human resource consultants, all the policies regarding the employees’ use of social networking platforms is clearly communicated to them. Also, in this case, all the policies should be well formulated, and no loopholes should be there. These loopholes will not only create problems for the employers but also ruins their reputation because of the action of the employees working under them. With proper monitoring and with legislations and laws in the picture, a decent use of social media for bonding and networking can be done in organizations. These platforms help organizations to grow more and more rather than get into legal cases. Thus, a good social networking sites usage policy and an understanding of the employer and the employee make an organization to work with bond and respectable professional lives.
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