Social media may be the new office water cooler, but its conversations are being guided by legislation from 1935. Social media brings to HR an almost unparalleled level of complexity and nuance. At this small business seminar, Eliot Wagonheim of Wagonheim Law, guides you through how to protect yourself as a small business owner when it comes to employees and social media. Check out more of our educational resources at www.wagonheim.com/resources!

1. Social Media Law for
Business Owners
Presented by: Eliot Wagonheim

2. Hearing Voices
“We don’t need a social media policy. No
one is going to ‘friend’ their industrial hose
supplier.”

3. “I always check out job applicants on
social media before the interview. It
helps to see if they’re a good fit for us.”
…Voices

4. “We reserve the right to take action
against any employee who says
anything on social media that casts the
company or those who work here in a
bad light.”
…Voices

5. “We’re a pretty close-knit group. I’m
Facebook friends with everyone who
works here.”
…Voices

6. “We have a very strict internet and
social media policy. We do not permit
employees to access the sites at work.
Period.”
…Voices

7. “We have no idea how to formulate a
policy or even why we need one. Social
media is not part of our marketing and
what people do on their own time is up
to them.”
…Voices

8. Pre-Recruitment
Recruitment
On-the-Job
Termination
If You’re a Business, Here’s Where it Matters:

9. National Labor Relations Act
Workers, unionized or not, have the right to
discuss working conditions freely and without
fear of retribution.

10. Spot the Violation
A caseworker for a nonprofit social services provider
threatened online to complain to the boss that others
were not working hard enough. The agency fired the
caseworker and four responding co-workers.
Termination: Unlawful, as the comments constituted
concerted labor activity.

11. Spot the Violation
A crime reporter tweeted on her private account:
“What?!?!?!?! No overnight homicide...You’re
slacking, Tucson.” The reporter was fired.
Termination: Lawful as the posts were offensive and
not about working conditions.

12. Spot the Violation
A bartender, unhappy about not receiving a raise for
five years, posted on his Facebook wall that his
customers were “rednecks” who he hoped would
choke on glass as they drove home drunk. The
bartender was fired.
Termination: Lawful, as it was venting and not a
concerted activity.

13. Spot the Violation
A social media policy in a company’s personnel
manual stated: “offensive, demeaning, abusive or
inappropriate remarks are as out of place online as
they are offline.
Finding: Unlawful. The prohibition is broad enough
to include protected criticisms of the employer’s
labor policies.

14. Spot the Violation
A company policy prohibited employees from posting
things that “damage the company” or “any person’s
reputation.”
Finding: Unlawful. Overly broad could prohibit
concerted labor activity.

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@Wagonheim
/WagonheimLaw
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To watch the full of this presentation video, check out http://youtu.be/vLpg0jTJVjk