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Judy Nunnenkamp
HR is Strategic by Design

Employee Blogging: Potential Liabilities and Risks Everyone Should Consider

Benefits and Compensation > Employee Benefits

By: Judy Nunnenkamp | Tuesday, September 01, 2009
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Did you know that the word ‘blog’ is short for “web log?” The connotation is that a blog is a log of personal activities, observations and opinions.  Although some blogging sites require membership, most are open to the public.

As blogging and online communications continue to impact our daily lives, employers are realizing that it’s imperative to evaluate and determine how to effectively address employee blogging in the workplace on company time and/or the use of  company equipment or e-mail addresses.

There are several considerations from either perspective:

  • From the employee’s viewpoint---
    It’s imperative that employees and prospective employees are aware of the fact that employers and potential employers will routinely check Internet sites for information on prospective employees, particularly those sites that are free and readily accessible to anyone.

No doubt, job hunters should become aware of the current hiring landscape, especially given that unemployment rates remain high and so many college graduates are looking for their first jobs. Job seekers should know that many employers are growing more sensitive to the liabilities associated with using the Internet. Not only that, many employers and hiring managers use the Internet to assess background information about potential candidates.

For example, it is not that unusual for employers to go online and ‘surf’ such Internet sites as Facebook or MySpace to see if applicants have posted blogs. Information posted on these blogs could be taken into consideration by the employer when making a hiring decision. An applicant might possess a great resume; he or she might have an impressive grade point average (GPA); and the applicant’s background screening check results might verify qualifications.   However, one questionable blog by the applicant could result in an otherwise pre-qualified candidate being passed over.

So people should be conscious of the fact that when they publish information on the Internet, it’s generally accessible to the public. In other words, if it’s not something that you would want a potential employer to see, you should consider whether or not it’s worth the risk to publish it online.

  • From the employer’s perspective---
    Because of potential liability exposure to the company from an employee using company equipment to post personal or company information on the Internet—and the lost productivity from employees using their time to surf the Net—most employers are strengthening or enhancing their online communication policies.

I encourage employers to establish their parameters up front. Specifically, employers should let employees know that when they use company equipment on company time, there should be no expectations about confidentiality.

You will also find that many companies have installed software, which tracks equipment usage and online sites their employees are accessing. Most employers are keenly aware of their liabilities; and, it’s very important that employers know what their equipment is being used for, as they can be held responsible.

Employers can take some practical steps in order to develop an effective method of addressing employee blogging in the workplace. Among them:

1. Communicate a clear and strong policy and include it in your employee handbook.
2. Consider installing software that can monitor what online sites employees are accessing. This type of software is relatively inexpensive and can be of great benefit to an employer in monitoring personal use of company equipment, as well as tracking e-mails.
3. Ensure that employees know up front that they cannot expect privacy or confidentiality when using company equipment on company time.
4. Make employees aware that you have monitoring software, if you do have it.

In summary, then: 

1. Employees and potential job applicants should keep in mind that if they are blogging, those blogs are public information. That information should project a positive image to a potential employer.
2. Employers need to be aware that they: (a) can be held liable if an employee is using their equipment inappropriately; and (b) can run the risk of potentially losing intellectual property, trade secrets, securities or any proprietary information specific to their business.

Remember, you never know who is reading what you have placed in a blog. Think about it!

Legal Disclaimer
The information contained in this document is for general, informational purposes only and is not intended to be legal advice. This information is not a substitute for the guidance of a professional and should not be relied upon in reference to any specific situation without first seeking the advice of a qualified HR professional and/or legal counsel regarding applicable federal, state or local laws. HRTools, Insperity and their respective employees make no warranties, express or implied, and make no judgments regarding the accuracy of this content and/or its applicability to a specific situation. A reference or link to another website is not an endorsement of that site or service.
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