social media in the workplace - paydata · social media in the workplace 10/3/2018 12 case...
TRANSCRIPT
Social Media in the Workplace 10/3/2018
1
Social Media in the Workplace
Presented by Angela Kennedy, PHR
Agenda
• Famous Terminations
• The Legal Landscape
• Best Practices
• Real Stories from the HRSC
• Creating an Effective Policy
• Looking Ahead
• Q & A
Social Media in the Workplace 10/3/2018
2
Back in the Days of the Wild West…
Famous Social Media Terminations
Were these terminations justified?
Unfashionable pizza uniforms
Bitter baristaProgrammer
calls out sexist jokesters
Social Media in the Workplace 10/3/2018
3
ALL terminationson the previous slide
were postings of protected speech.
The Legal Landscape
Social Media in the Workplace 10/3/2018
4
So what does this mean in plain English?
Found the posts were not harassing enough to lose protection of the Act because:
1. The posts were not made at work or during work hours
2. Posts were related to protected criticism of employee’s job performance
3. Several posts did not mention the coworker by name
4. Although some language may have been harsh did not create an intimidating, hostile or offensive work environment
Social Media in the Workplace 10/3/2018
5
National Labor Relations Act
Protected Activity
Right to bargain collectively or form
a union
Right to discuss Terms & Conditions
of employment
Pay
Working conditions
Hours
National Labor Relations Board
• Has struck down provisions of employers’ social media policies
• Cites NLRA Section 7 violations in challenges
• Employee-friendly decisions have been common
• Uses very broad definition of “concerted activity”
Social Media in the Workplace 10/3/2018
6
The Road Ahead…
Social Media in the Workplace 10/3/2018
7
Social Media in the Workplace 10/3/2018
8
Harassment
Social Media in the Workplace 10/3/2018
9
Best Practices
Social Media in the Workplace 10/3/2018
10
•
•
•
•
Social Media in the Workplace 10/3/2018
11
•
•
•
Real Stories from the HR Pros
Social Media in the Workplace 10/3/2018
12
Case Scenario: Employee WoesWe have an employee who is trashing the daycare center on her social media page. I would like to know if we have any recourse against this.
Case Scenario: Guilty by AssociationLast night I got an email from one of our hairstylists saying the husband of our spa’s front desk manager is racist and she fears for her life. The husband runs a Facebook page full of racist, hateful comments and she is afraid the front desk manager feels the same.
Social Media in the Workplace 10/3/2018
13
Case Scenario: Threats An employee was on Facebook during working hours which is against our policy. Remarks she made could be considered threatening, including one about her manager: “Help me stay in this seat and not get up, walk across this room, and kick this (expletive) in her throat! I'm too adult for this atmosphere. This is the most unprofessional place I have ever encountered. I should go slap the HR manager for lying to me in the interview.” Please help, I've never dealt with this before.
Case Scenario: Resignation via FacebookOne of our managers saw posts on an employee’s Facebook page about the employee getting another job offer. This made the manager believe that this employee would not show up for work today. Sure enough, the employee did not show up today. Because it’s written on her Facebook wall that she accepted another job, if this employee does not show up for work, would she still be considered a no-call/no-show, or a resignation?
Social Media in the Workplace 10/3/2018
14
Case Scenario: Anti-Facebook Policy?We do not want employees to be posting on Facebook while at work. Should we implement an Anti-Facebook policy?
Creating an Effective Policy
Social Media in the Workplace 10/3/2018
15
•
•
•
•
•
Social Media in the Workplace 10/3/2018
16
Social Media in the Workplace 10/3/2018
17
•
•
Social Media in the Workplace 10/3/2018
18
Recommendations to Employees
Discuss Use at Work
Social Media in the Workplace 10/3/2018
19
Prohibit Retaliation
38
Best Practices Recap
• Don’t prohibit protected activity
• Prevent bullying and harassment
• Comply with state laws
• Closely monitor the policy
Social Media in the Workplace 10/3/2018
20
Q & A
PHR | HR Consultant
Angela has extensive experience in HR, conflict
management and employee relations. She spent
several years working as a high volume (and full
cycle) recruiter for a large multi-channel retailer.
Angela earned her B.A. in English Literature and
Criminology from the University of South
Florida. and also holds a paralegal certification
from Saint Petersburg College.
Angela Kennedy