1. Social Media in the
Workplace
What is ethically acceptable and just plain wrong
2. Privacy In Maryland
• April 2012, Maryland passes a bill banning
employers from asking for Facebook and other
social media passwords.
• Bill 433 protects prospective hires. Cannot be asked
to hand over Facebook or Twitter passwords as part
of the official application process.
• Helps businesses avoid lawsuits related to asking for
online passwords
• Bill proposed after Robert Collins (2010) former
Correctional Office was asked for passwords during
a re-hire.
3. Raises Questions
• Is this a legal issue that should be handled with a bill
in the courts?
• Is this an ethical issue that varies from employers
and their discrimination as to whether employees
social media will effect the brand?
• Where is the line drawn between personal life and
business life?
• Does the 1st amendment protect employees in this
case?
4. Legal Standpoint
• Although an employee may work for a public
entity, they are still a citizen of the United States and
have free speech rights like any other
citizen. However, with work-life lines becoming more
blurred, there are some additional concerns about
First Amendment issues when a public employee is
using social media.
• What are the First Amendment issues if a public
employee is using social media during working hours
or on agency owned equipment?
• What are the First Amendment issues if a public
employee is using social media on personal time and
using personal equipment?
5. • Free speech issues usually arise when disciplining
or terminating an employee for their speech in social
media. To determine if the 1st amendment protects
an employee from disciplinary actions the following
must be met:
• Is the person speaking on a matter of public
concern? If not, then free speech protections do not
apply.
• Is the person speaking as a citizen or as a public
employee? If speaking as public employee then free
speech protections do not apply.
• Do the interests of the government in promoting
efficient operations outweigh the interests of the
employee in commenting on matters of public
concern? If yes, then employee may be disciplined for
speech.
6. • During the week of April 4, 2012, SmartBlog, a social
media blog, conducted a survey and asked the
question:
• Do you believe brands should be held responsible
for the personal posts of their employees?
• No — an employee’s personal posts have nothing to do
with their employer: 75.95%
• Yes — brands should be judged by the kinds of people they
hire: 24.05%
• Social Networking at work
7. What really happens
• 70% of U.S. recruiters and HR professionals have
rejected candidates based on online data of a
potential hire.
• Inappropriate photos: 11%
• Drug/Alcohol related content: 10%
• Negative comments about employer: 11%
• Dishonesty: 13%
8. What really happens
• According to Forbes magazine, 68% of potential
employers hired someone because of what they
found on that candidate’s social media profile.
• Positive Impression: 39%
• Showed Creativity: 36%
• Showed well-rounded: 33%
• Supported their qualifications: 36%
Better to keep your social media account and edit to a
professional level, than to delete completely.
9. Ethical Standpoint
• Where is the line between personal life and business
life?
• Realization that employers can see your profile
without your permission and without being a social
friend.
• Some employers won’t check your profile for liability
reasons.
10. Do’s
• Keep profile clean. Never know who’s searching for
you.
• Be proactive to manage the postings on your page.
• Crop photos if neccisary.
• Review your company’s social media guidelines
• Use a disclaimer
11. Don’ts
• Do not add colleagues or supervisors as friends
• Do not have your employer listed on Facebook. Ok for
Linkedin.
• Don’t engage in arguments with media or customers
• Don’t badmouth a competing company or your company
regardless of how unassociated you are with them on
social media.
• Don’t post anything incriminating on your page or a
friend’s page.
• If dating someone in the same office, do not post on
social.
• Everyone goes on social during work, at least be
productive.
