Sample Corporate Social Media Policy

I was reading an article in BusinessWeek called “Ten Management Practices to Axe“. One of them was Social Media Thought Police. I was shocked an appalled to learn that some employers forbid employees to have LinkedIn accounts, and engage in other forms of social media. My surprise stems from the fact that I was born and raised in New York, where the law protects employees’ rights to engage in “Recreational Activities” (defined as “any lawful – leisure time activity, for which the employee receives no compensation and which is generally engaged in for recreational purposes, included but not limited to sports, games, hobbies, exercise, reading and the viewing of television, movies, and similar material.” NY Lab. Law§ 201-d(1)(2).)

So, I did a quick Google search for states that have similar protections, and was SHOCKED to find only New York, Colorado, and North Dakota have such protection. Wow. So while I definitely think that should be a Federal Law, the fact of the matter is it isn’t. It varies from state to state just how much free the employee is on his or her own time. In the article I found entitled “Responding to Criticism on the Web” at Human Resource Executive Online, they included a really good sample social media / blogging policy to set some ground rules with employees over what’s acceptable and what isn’t.

Why do this? Because when you tell them your expectations up front, you don’t look like you’re being arbitrarily vindictive later on. You already told them what you, the employer, would consider reasonable online behavior by one of your employees, and if they violate that policy they will understand the consequences. It has the benefit, aside from the transparency it provides, of helping you get your employees involved in your own brand’s social media efforts, without having to worry about the legal repercussions of potential sexual harassment or posting of confidential information in public.

One last thought: I know that in states without recreational activity protections everyone (non-union/contract) is subject to employment at will. What one should realize is that the employer is also subject to exercising common sense and good judgement when making employment decisions. If they get a reputation for firing someone just for setting up a Twitter or LinkedIn, they’re going to have a hard time retaining good talent in the future.

Plus, given the nature of social media, and how quickly information spreads, firing a well-known social media personality could have other negative impacts that go beyond the initial offense itself. Sort of damned if you discipline, damned if you don’t. Even more reason to have a good policy in place….