Ethics
Point . . . Click . . . Post . . . FIRED?
Cari Sheehan
Social media is minefield for companies and their workers A social media culture has swept the nation, constantly feeding people’s egotistical desires while falsely offering privacy, along with no repercussions. The majority of people on social media believe that what they post is private, particularly if they utilize privacy settings and limit the people who can see the initial post. However, nothing is “private” on social media. A person can use all the privacy settings available, but there is always a chance that the post will be circulated and/ or recirculated, thereby going viral. Deleting social media content does not make it disappear either. Once something is posted on the internet it can always be recovered.
Posts by employees can also breach a company’s duties and fiscal responsibilities. For instance, companies must maintain certain levels of confidentiality, avoid disclosure of trade secrets, avoid conflicts of interest, and minimize the misuse of company resources, to name a few. Employees need to understand these duties and remember social media posts are never private and can harm their employer, and potentially their own career. How should employers walk the tightrope between protecting a company’s brand and image and an employee’s personal, non-company use of social
In addition, people wrongly think that if they just “like,” “endorse,” “repost,” or “retweet” something, it cannot be held against them because they are not the original poster of the content. This does not matter. There is no distinction between an original poster and someone that just endorses or likes someone else’s social media content. This also applies to joining “groups” or being a member of certain group pages. Anything that is on a person’s social media accounts, or linked thereto, is attributed media—and when can it lead to termito that person and can be used against nation for breach of company policy or just in general? that person in certain circumstances. Many companies grapple with how far Tightrope they can go in instituting social media policies that protect the company’s duA person’s false sense of privacy on social media raises numerous risks for ties to clients and its own reputation without placing too many restrictions that person’s employer, particularly if on an employee’s personal and/or prothe person is posting about the comfessional social media posts. How does pany. This is true even if the person is solely posting on their personal social a company institute a social media policy balancing employee interests media. Society villainizes companies with the company’s interests? The regarding their employees’ social media missteps. Society favors attributing answer to this question is not simple, because issues involving social media an employee’s social media posts as cross over many ethical and complia reflection on the company’s reputation, even if the employee’s social me- ance considerations.
dia posts? Can a company terminate an employee for social media posts? Does it matter that the post was made in a personal vs. professional context?
The First Amendment The First Amendment to the U.S. Constitution protects a citizen against government interference with speech. This means the government cannot interfere with your freedom of speech, and cannot arrest you for your thoughts and beliefs no matter how offensive. However, the First Amendment does not grant a person a free license to say whatever they want, whenever they want, or however they want to say it on social media or otherwise. There are limitations on time and place, such as peaceful demonstrations on public property held at certain times (scheduled with the town, city, police, etc.) In addition, the First Amendment only protects against government interference, not private company interference. Most employers are private companies and are not bound by the constraints of the First Amendment in operating their business. As such, the First Amendment will not provide a shield to employees regarding social media posts.
An employee always has to
remember that nothing is ever
private online, so there is always
a chance that an employer will see the post and/or the post will go viral to the public.
dia post was purely made in a private, personal context. 8
Social Media Policies
Companies and their employees have similar objectives and interests in social media. Employees look to social media—whether for business or personal use—to stay in touch with family and friends, for amusement during the Is an employee protected under the day, to build and maintain a profesFirst Amendment regarding social me- sional network, and for professional December 2021 • January 2022 • Hamilton County Business Magazine
