For many people social networking is lots of fun but for some companies it’s presenting a challenge between freedom of speech and their business reputation.
American Medical Response is one of those companies who has found themselves in the media hot seat over social media. They fired EMT Dawnmarie Souza after she angrily typed a Facebook status that said mean and mocking things about her supervisor, including calling him a psychiatric patient.
The National Labor Relations Board (NLRB) has filed a complaint against American Medical Response (AMR), arguing that Souza was fired illegally. The case will be heard in January even though AMR has a social media policy that states:
“Employees are prohibited from making disparaging, discriminatory, or defamatory comments when discussing the Company or the employee’s superiors, co-workers and/or competitors.”
That is the basis AMR used when firing Souza and that the NLRB says is also illegal. Now AMR is in a lose-lose situation because even if they win in court, they have wasted a lot of time and money and gotten a lot of negative publicity.
Should your company be concerned? Most definitely. It’s a new era where people are reaching across the internet and where news is immediate. Years ago it wouldn’t have matter if she went home and trash talked her supervisor to her friends. She didn’t have thousands of them around the world reading her every word.
Should your company have a social media policy? Most definitely. Traditional labor law and social media are striving to work together and while there’s no fool-proof guarantee, you need to protect your company and its image from disgruntled employees.
Legal experts also agree that you’re better off having a social media policy than not having one. This policy will also help prevent the disclosure of trade secrets, confidential information, and business plans.
Here are some tips for writing your own social media policy:
1. Try to balance between a too wide policy and a too tight policy.
2. Include a statement that you will not break the NLRB laws. Sounds simple, but a general disclaimer can be a good thing.
3. Know what your employees’ rights are.
4. Play nice with any union representative. If your employee asks for their rep, play it safe and allow the rep to attend the meeting.
5. Check your policy frequently. Social media changes every day so your policy should change at least every two years.
Social media can be an important part of your company’s marketing plan but you still need to protect yourself from venting employees who might not have the company’s best interest at heart.
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