Feb 21 Posted 2 years ago
The NLRB has published a series of guidelines on social media policies (linked to below), which are worth looking at -- based on the recent cases discussed in this post and other cases as well. If you bring up NLRB rulings with your employment lawyer, you may hear that since the DC Circuit Court of Appeals invalidated the recess appointments of NLRB commissioners by President Obama, all recent rulings are invalid, and therefore should not be considered binding on anyone, and that we all need to sit tight until this whole recess appointment thing is sorted out.
Naturally, we can't wait indefinitely without tending to our employee social media policies, and contrary to some of my "brothers at the bar" I suggest that we all need to maintiain a commonsense approach to social media policies, balancing the various interests at play.
I blogged about this issue on my home blog, and invite you to check out the post, including a link to the NLRB policies:
Employee Social Media Policies After NLRB Appointments Invalidated by Federal Court ... Everything You Know Is Wrong? (HealthBlawg) – http://shrd.by/E4XPDs
Feb 20 Posted 2 years ago
Very well written article. Just wanted to add my two cents here on the following line,
'If they are voicing criticism of the business, take a moment to evaluate the criticism objectively."
I think, in my humble opinion, that objective evaluation of criticism does not exist. Just like objective criticism - that's an oxymoron. My company do have a social media posting policy but a policy is just that - a policy. It's implementation is dependent on the interpretation of the policy, and at such, are subjected to the enforcer's view of the whole situation. It just isn't fair, but that's quite the point.
I would argue that a social media policy really isn't the solution to the problem. Rather spend time and effort in blending the right mix of culture and a common ground of understanding between each team player, than to attempt on working out a "bullet-proof" social media policy. With human factor in the mix, I believe it is a more sustainable and empowering approach.
Feb 19 Posted 2 years ago
That is true. However, things like unionizing that are protected rights are tricky and can still be fireable offences just on not terms of unionizing alone and I feel like the same can be said for employee moves made on social media. I agree with you however. I do think it is a bit brash to fire an employee for a little complaint about their day and etc. It is best for the company to reflect on the complaint rather than make such a move. I think perhaps a social media policy would let people know what might be a problem intially so they are not so shocked later if they break a rule, they can also defend themselves in a case where their social media activity does not necessarily impede on their SM policies.
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