Web Logs Create New Workplace Challenge
"Worker fired for blog postings" stated a recent headline from a news wire story. (Kane County Chronicle, November 17, 2005) The story related how a 19 year old worker began posting personal messages on a web log internet site. But when the young man's employer learned through an anonymous complaint that the internet ramblings included crude pictures and "x - rated" conversations, the employee was fired from his job.
Web logs, commonly referred to as "blogs" are the latest rage among frequent users of the Internet. In posting a blog, an individual typically writes personal thoughts and messages or displays photos and graphics on the Internet for others to view.
At first glance, a blog appears to be the ultimate medium to exercise one's freedom of speech right. One published report suggests that more than 8 million such on-line dairies have been created, up from 100,000 in 2003.
Some businesses and consultants now use blogs as a way to communicate with their customers and clients. A few software companies actually encourage their employees to blog about company products as a way to create a marketing "buzz" about forthcoming products.
With blogging still in its infancy, various pitfalls await the unsuspecting business owner. Disenchanted employees have used blogs to complain about company personnel, criticize superiors, critique workplace practices, reveal confidential information, disclose personal private facts or make unsubstantiated allegations that may constitute defamation.
While some employers are encouraging employee blogs, others are trying to control the practice. Systems experts recommend that the employer define and communicate to employees a guideline relating to blogs.
The employer generally would not have a reasonable prerogative to ban or control employee activity occurring off work on the employee's own time with the employee's own computer.
But, when the employee's conduct affects or involves the workplace, or involves use of the employer's computers or communication system or occurs in the workplace or occurs on working time, the employer has a reasonable basis to exercise control.
As with other electronic communications policies, the employer may take actions to prohibit communications that may be sexual, racial, pornographic, or otherwise derogatory in nature. Likewise, communications that disclose private information or breech confidentiality or violate any signed confidentiality or trade secret agreement are reasonable grounds for employer sanctions.
Employers must recognize, however that certain employee communications are protected under various laws. An employee engaging in a "whistleblowing" complaint about illegal activity or a complaint about unsafe work practices, is protected from retaliation by the employer. Likewise, certain employer actions taken to curtail employee communications deemed to be concerted activity may subject the employer to an unfair labor practice claim. In some areas, state law protect employees from adverse employment decisions due to engagement in lawful activities off the job.
For these reasons, an employer should exercise care in defining and enforcing its policy on web logs.
About the author: William S. Hubbartt is a human resources and privacy consultant St. Charles, IL. www.Hubbartt.com. He is the author of "The HIPAA Security Rule - A Guide for Employers and Health Care Providers," a 200+ page book in CD format.
