16 minute read
Ethics
Ethics Point . . . Click . . . Post . . . FIRED?
Social media is minefield for companies and their workers
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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. 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 to that person and can be used against that person in certain circumstances.
Tightrope
A person’s false sense of privacy on social media raises numerous risks for that person’s employer, particularly if the person is posting about the company. This is true even if the person is solely posting on their personal social media. Society villainizes companies regarding their employees’ social media missteps. Society favors attributing an employee’s social media posts as a reflection on the company’s reputation, even if the employee’s social media post was purely made in a private, personal context. 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 media—and when can it lead to termination for breach of company policy or just in general? Many companies grapple with how far they can go in instituting social media policies that protect the company’s duties to clients and its own reputation without placing too many restrictions on an employee’s personal and/or professional social media posts. How does a company institute a social media policy balancing employee interests with the company’s interests? The answer to this question is not simple, because issues involving social media cross over many ethical and compliance considerations. Is an employee protected under the First Amendment regarding social media 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
An employee always has to they want to say it on social media or remember that nothing is ever otherwise. There are limitations on private online, so there is always time and place, such as peaceful a chance that an employer will see demonstrations on public propthe post and/or the post will go erty held at certain times (scheduled viral to the public. 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.
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 day, to build and maintain a professional network, and for professional
education. Companies want to learn about the marketplace and needs and desires of potential customers, stay in front of current and potential customers, find and establish a positive face for potential employees, and reinforce the company’s value to current employees. Social media policies can help harmoniously balance both the company and employee’s objectives. Social media policies do not have to be onerous or intrusive, but they should be proportionate with a company’s risk, exposure, and business impact. However, since social media is constantly changing, the risk assessment analysis is constantly changing. Companies cannot create a social media policy and expect it to be relevant five years later, or potentially even just a year later. The main factors to consider when creating a policy include, but are not limited to: (1) the company’s brand and social media image it wants to put out to the public; (2) employees’ use of social media for their personal, non-company use; (3) employees’ use of social media for the company’s business objectives; (4) employees’ use of the company’s brand, image, or likeness on their personal social media accounts; (5) rights and responsibilities for the non-employees it invites to engage in its social media activities (e.g. customers providing responses and content online).
Job Offers
Companies may also use a prospective employee’s social media posts as a reason to deny employment, or terminate immediately after being hired. Candidates seeking employment should be vigilant about their social media accounts and “clean them up” when seeking employment opportunities. Candidates should also be aware that during the candidacy period,
Conclusion
Everyone should be cognizant of their social media posts and use good digital hygiene. The company’s reputation and your job could depend on it. This helps companies and employees work together to have a united social media presence. HCBM
Cari Sheehan is of counsel with Barnes & Thornburg, where she sits on the firms Professional Responsibility Committee. She focuses on legal ethics, professional accountability and loss prevention. This article should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.
S T R A I G H T N O C H A S E R
Company Right to Terminate
It is important to recognize that a company can discipline, and even fire, an employee for any lawful reason (or potentially without a reason under employment “at will”), including for what the employee posts on social media. Employers cannot fire an employee for social media posts that are protected under the National Labor Relations Act (NLRA). Please consider consulting a labor and employment attorney to learn more about the NLRA and if certain activities or posts are protected. This is true even if the employee posts on a personal social media account, or intended that the post was to be private. This is a frightful thought for an employer if an employee is an avid poster on social media. Employees should protect themselves on social media and use “good digital hygiene.” Good digital hygiene is simple: If you would not say it or do it face-to-face, do not do it online. An employee should always ask themselves: “Am I okay with my employer (and the public) seeing my post?” If the answer is yes, then great! If the answer is no, then it is probably not the best decision to post the content. 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.
DEC 18 & 19 • 2021 M U R AT T H E AT R E • I N D I A N A P O L I S , I N
d o o r s a t 2 : 3 0 p m & 7 p m • s h o w s a t 3 : 3 0 p m & 8 p m t i c k e t m a s t e r
High-Tech High-Tech Finance Finance
First Internet Bank Builds a New Home in Fishers First Internet Bank Builds a New Home in Fishers
By Ann Craig-Cinnamon Photos by Stan Gurka
very groundbreak- gages, home equity loans. However, ing idea has to start Becker says they have an advantage somewhere. In the case over traditional banks because they of Indiana’s first state- do not have the overhead expense of chartered, FDIC-insured bank branches and can offer more online branchless bank, it favorable rates. started at David Becker’s Also, he says it’s just easier than kitchen table. Becker, the a traditional bank. “Banking CEO and Founder of First shouldn’t be an errand or a chore. Internet Bank, which is We made banking something you headquartered in Fishcan control anytime, anywhere, ers, is not a banker; he’s a tech guy who and we do it with transparency so has owned software service companies that served the financial service industry. He says he was always “In the late 1990s, I thinking about the process of banking and how to make it simpler. “In saw how captivated the late 1990s, I saw how captivated my teenage son my teenage son was was with the Internet, and I thought it could be pow- with the Internet, and erful for my clients. I tried unsuccessfully to convince I thought it could be traditional bankers that digital banking would al- powerful for my clients. low them to expand their customer base nationwide I tried unsuccessfully without building branches,” he says, adding that af- to convince traditional ter one pitch, he was told it would never work. “Those bankers that digital words are fuel for an entrepreneur’s fire! I decided banking would allow on the spot that I would start a bank and prove that them to expand it could be done.” Which he did. Within their customer base 90 days of opening First Internet Bank’s virtual nationwide without doors to the public in 1999, they had customers in all building branches...” 50 states. After a year of operating, they had $150 million in assets, which David Becker Becker says surpassed his wildest expectations. To- CEO and Founder day First Internet Bank has First Internet Bank $4.3 billion in assets.
How it Differs from Traditional Banks
First Internet Bank offers all of the products you expect from a traditional bank: checking, savings, CDs, mortour customers can keep more of the money they have worked hard to earn,” says Becker, “When we launched the bank in 1999, our goal was to introduce a simpler, more
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First Internet Bank headquarters
flexible online financial model to meet the needs of a changing customer base. My experiences as a small business owner led me to believe there needed to be an easier way to bank. I built and developed the platform I thought was best for the consumer, and the continuous improvement of that basic idea has always been our driving force.” Becker says First Internet Bank is different because they believe personal connections are as powerful as digital connections. “You can bank with us and still get the level of service most banks reserve for their private banking clients. You will not get a scripted response when you call, email or chat with us online. Instead, you will be talking with a friendly expert who will take the time to listen and help you reach your financial goals.” He points out that their average account holder has been with them for over nine years. “So in my eyes we must be doing something right,” says Becker.
Services and COVID
From inception to today First Internet Bank has grown in every way including capabilities. “In 2019, we launched our Small Business Administration (SBA) lending platform. We didn’t know at the time what 2020 would have in store for us—but it turned out to be the perfect time to step in and help small business owners. In this short amount of time, we’ve become a leading national lender—in fact, a preferred SBA lender—and are constantly expanding our team to better serve this segment,” he says. Becker says First Internet Bank also made a $300 million commitment to small business owners in 2021 with a third of that in the form of franchise loans. “Earlier this year, we originated $30 million in a second round of Paycheck Protection Program (PPP), and we have secured an additional $172 million in SBA 7(a) approvals. It has been gratifying to help small business owners survive the uncertainty of COVID-related shutdowns,” he says adding that next year the bank will expand their small business pledge by 20%.
Fishers is Home
Becker says he has been asked why his bank is in Indiana as opposed to either the East Coast banking or West Coast tech centers. “The answer is quite simple: Indiana has always been my home” he says adding “The City of Fishers is known for being smart, vibrant and entrepreneurial. I can’t think of a better fit for First Internet Bank.”
His bank is now moving into its newest home at 8701 E. 116th St. in the Nickel Plate District in downtown Fishers, which is its 6th headquarters in 23 years. This is where 200 of the banks’ 280 employees work, with smaller offices in Chicago and Phoenix and employees in about a dozen other states. Becker says he has promised his team this is the last move and he says the building was designed with employees in mind. “We created spaces to let them work quietly, collaborate, learn and grow—and even have a little fun. We will occupy four and a half of the six stories. Our employees are looking forward to a spacious fitness center, covered parking and an incredible outdoor open air deck. For our social gatherings, we have four beer kegs, two wine taps, and two Coke Freestyle machines. I can tell you, it’s not like anything you have seen from other traditional banks.”
The Future
Becker says that First Internet Bank will continue to evolve because experience shows that customers’ needs will evolve as well. “Whether it’s helping a small business owner gain access to capital needed to grow or working with first time homebuyers, we help our customers imagine more for their financial futures,” he says adding that their entrepreneurial culture lets them stay nimble, which is important because change is happening at a faster pace. “Banks that do not keep up will not compete,” says Becker.
It Takes a Team
Becker is proud of his bank’s success but says it would not have happened without a team environment. “I’m proud of what we have accomplished and the team we have built at First Internet Bank. We have assembled impressive talent and have nurtured a unique workplace culture. Our employees have consistently voted us a best place to work,” he says adding “The idea of creating an online bank was rooted in technology, but succeeded because of our people. But, we’re not done. We will to continue grow and innovate because it is in our DNA.” HCBM
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DECEMBER
OneZone & YP Meet Up Toy Drive Industrious at Carmel City Center December 8, 2021 4:30pm – 6:30pm
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JANUARY, 2022
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Legislative Breakfast Series The Bridgewater Club February 11, 2022 7:30am - 9:00am
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Andromeda Galactic Solutions Bosma Visionary Opportunities Foundation Bowman Construction Clean Eatz Coverdale Consulting Culture of Good Doma Dream Center Indianapolis Elite Remediation and Services Fishers Fit Body Boot Camp “Opening Soon” Flint Analytics Gotcha Covered North Indianapolis Green Bottom Line, Inc. Harmony Poke-Bubble Tea Hocker Law Hocker Title - Carmel “Opening Soon” Homemade Ice Cream & Bakery Café ICC Business Products, Inc. Integrity Benefit Partners - Mark Weimer Josh Lane State Farm KLaunch Kung Fu Tea KWS-Kangen Water Snob Mary’s Mountain Cookies Morse Moving & Storage Nick Weybright Agency - Nationwide Insurance OnlyIndyTickets.com Park Lane Apartments Redux Regions Bank-Nora Round Room Ryan Homes - Turnberry TCC Tiffanie & Company Realty Group Turner John Management - Horton Building Turner John Management - Keltner Building Turner John Management - Rich Building Veterans Support Council Inc. WellBridge Surgical Weybright Insurance Network Weybright Management Inc.
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Upcoming EventsCity of Westfield & Westfield Chamber of Commerce
FEBFEBBarktoberfest Saturday, October 9 Asa Bales Park | 11:00am – 3:00pm 12,12, 20222022
Westfield in Lights
Saturday, December 4 Downtown Westfield
Guests will enjoy a wide range of chocolaty treats including chocolate-dipped fresh strawberries, chocolate donuts, brownies, fudge and so much more. This event includes chocolate cocktails, baking demonstrations, and live music. The perfect date night experience on Valentine's Day weekend.
H O O S I E R C H O C O L A T E F E S T . C O M
40th Anniversary Luncheon Westfield Community Awards
Thursday, November 18 Thursday, December 16 tickets go on sale The Bridgewater Club | 11:00am – 1:00pm The Bridgewater Club | 11:00am – 1:00pm december 6Vist westfield-chamber.org to learn more!
