The Shocking Truth About Social Media Policies (And Why You Still Need One for Your Company’s Reputation)

Chances are, your company’s employee handbook contains a few paragraphs concerning social media use by employees. These few paragraphs are designed to help you steer clear of a number of really sticky situations involving chatty employees and sensitive information, and they could protect you from a number of really awful reputation disasters.

But, it’s quite possible that the rules you’ve put down in your company’s social media policy are unenforceable. The rules out outlined might even be illegal. Ouch.

What They’re Meant to Do

The explosion of social media allows anyone with a computer to function as a mouthpiece for your company, and in general, that’s not a bad thing. Few corporate executives have the time or the inclination to spend all day on social media, discussing the benefits of their companies, even if doing so would help their brand. By allowing employees to speak, you might reduce your own workload and generate a little few buzz in the process.

But, employees can also torpedo your brand in mere minutes. Clients who use LinkedIn, for example, have the name of your company firmly embedded in their profiles, and they might choose to respond to a controversial article on the site with an incendiary comment. Outsiders might assume that this comment encapsulates your company’s opinion on the topic in question. Employees might also defend your company on sites like Twitter and Facebook, insulting customers who have complaints. Employees might also take to the airwaves to disparage the competition or your customers.

A Tricky Document to Create

A boilerplate social media policy, like this one from Shift Communications, contains a few standardized elements that could prevent reputation problems, including:

• A plea for common sense and courtesy
• A request for employees to avoid discussions about confidential or legal matters
• The names of departments employees should consult before they engage in questionable activities online
• A ban on comments that are offensive and insensitive

On the surface, this seems like a reasonable level of protection. Unfortunately, a document published by the National Labor Relations Board (PDF) suggests that many of these boilerplate restrictions are illegal, as employees have the right to discuss topics that pertain to their work conditions, and they can hold those discussions online without the fear of retribution.

Reading through this document is stressful, but I encourage you to do so. You’ll see that most of the statements you might like to put in your social media statement would be forbidden, including these three examples, taken directly from the NLRB report:

• “No unauthorized postings:  Users may not post anything on the Internet in the name of [Employer] or in a manner that could reasonably be attributed to [Employer] without prior written authorization from the President or the President’s designated agent.”
• “Don’t comment on any legal matters, including pending litigation or disputes.”
• “Offensive, demeaning, abusive or inappropriate remarks are as out of place online as they are offline, even if they are unintentional.”

Now, these are the sorts of sentences I would normally encourage you to place in your social media policy, as they could protect you from harm. But apparently, they’re not legal and they’re not enforceable, as these restrictions might keep employees from discussing topics that are considered protected speech.

What Should You Do?

There are some terms you can, and should, put in your policy to protect your company. For example, statements that involve simple venting about customers aren’t forms of protected speech, nor are statements that could be construed as bullying or harassment. Outlining these examples clearly, using examples if you can, might allow you to make the issue clearer for your employees. Vague, blanket statements don’t allow for an individual’s right to discuss the workplace. Specific examples are much more effective. (BestBuy does this beautifully, I think, and their social media policy deserves a close read.)

When you’re done writing, put the document to the test by utilizing a lawyer. Make sure that the statements you have in place aren’t so vague as to get you in trouble with the National Labor Relations Board, and ensure that you aren’t banning forms of speech that might be advantageous to your company. Then you’ll have a document you can enforce without fear.

Holding a social media training session for your employees might also be advantageous, and it’s also rare. According to a 2012 study by SilkRoad, only 10 percent of employees had some form of social media training, although 75 percent of employees used social media on the job each day. Holding a class might allow you to discuss social media concerns openly and honestly, and you might provide your employees with the skills they’ll need to avoid their own private reputation management disasters that could impact your company down the line. Since few companies hold classes like this, you’re also providing your key employees with a value-added service they can’t get anywhere else. That might prompt them to stay, rather than head hunt.

Does your company have a social media policy you’re particularly proud of? I’d love to hear about it in the comments section.

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