Creating a Social Media Policy

With more people joining social media daily, implementing a company-wide social media policy is a good idea. Disgruntled employees sometimes take their frustration out on social media platforms, hurting the company’s reputation. To dissuade employees of doing this, and being able to take action if they do, create a social media policy. However, simply creating one isn’t enough, it must be implemented and enforced to ensure compliance.

After drafting the policy, it should be looked over by the company’s general counsel. They can help review, update and approve the document to make sure it addresses and supports compliance with the National Labor Relations Act and other regulations the company is subject to.

After in-house counsel reviews the document, it should be updated if needed and handed out to the entire company, including interns. Everyone who receives the policy should be required to acknowledge that they read, understand, and agree with the policy in writing.

Formal training regarding the policy helps with enforcement. The company should keep record of employees receiving and signing the policy document, and attending the training. Enforcement of the policy should be uniform for all employees no matter their title. This uniformity will help protect the company against a potential lawsuit from a disgruntled employee.

Before disciplining an employee for a possible violation, consult with in-house counsel. They can help analyze the post, its intent and the employee’s other interactions to see if it is a direct violation. There are certain statutes that taking action against the employee could violate. In-house counsel are knowledgeable about these laws and can determine if action should be taken.

By properly implementing and enforcing a company-wide social media policy, companies can protect themselves from potential litigation due to employee social media use. With the advice and help of in-house counsel, they can create an effective social media policy that isn’t in violation with any laws. 


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