March 6, 2006
COMMENTARY: Beware the blog | Companies need to adopt a blogging policy before an employee begins airing grievances — or confidential information — online
By James Erwin
Employment law attorney, Pierce Atwood, Portland
Say an employee at your company decides to create a Web log about life at work. Are you ready for the consequences?
Perhaps the blog begins as a personal diary, where the blogger posts playful reviews of company meetings, events and outings. But as others at the company join in with their viewpoints, the tone changes from playful to degrading. The anonymous nature of blogging can provide an unwelcome forum for outrageous comments about co-workers, management, customers and products. And the postings are available for anyone, anywhere to read. What seemed innocent at the beginning now has the potential to harm your company's reputation.
Blogging is an aspect of technology that few business owners and senior executives devote time to managing. A new poll by the San Francisco, Calif.-based Employment Law Alliance shows that there are upwards of 10 million workplace bloggers, yet only 15% of companies have policies in place to address the practice of workplace blogging. Maine is fortunate in that new trends like blogging often begin elsewhere. That gives Maine companies the opportunity to learn from the experience of others and establish policies before issues arise.
Blogging is a true Internet phenomenon ˆ an unregulated, anything-goes free-for-all. Recent cases on the West Coast, such as Microsoft and Google firing employees for inappropriate blog content, demonstrate that blogging can spiral out of control and negatively impact employee morale and a company's image. A quick Internet search will reveal a staggering number of blogs devoted to trashing specific companies. On the other hand, employers can establish blogs to provide a forum for employees to express their views respectfully, debate issues affecting their jobs and provide executives with feedback on corporate decisions.
Employees blogging at work or on company-owned hardware present the same productivity concerns inherent in Web surfing and e-mail use. But there is a crucial difference: Because of the potentially limitless audience for a blog, the risk that an employee exposes proprietary information; defames a manager, customer or competitor; or simply expresses ill will can be exponentially greater. For publicly traded companies, there are additional concerns about the impact certain disclosures may have on share prices or investor behavior. Finally, if an employee could reasonably be perceived as speaking on behalf of the employer, then the employer bears a risk of liability in its own right.
The ground rules
Companies cannot prevent blogging away from work. But well-defined policies can mitigate the effect of employee blogs wherever they are produced. Your company's current computer network, e-mail and Internet-use policies can be expanded to cover blogging, even if the blog is created after work on the employee's own computer system.
A comprehensive policy on blogging should at least:
ˆ Expressly include blogging within the same rules that govern acceptable use of e-mail and the Internet;
ˆ Prohibit employees from disclosing or discussing any confidential or proprietary information;
ˆ Prohibit the use of your company name, trademark or logo;
ˆ Remind employees that they are expected to be respectful of the company, its employees, its customers and its competitors, and are not to post material that reflects negatively on the company or contains harassing, discriminatory or threatening content, no matter when or where the blogging is conducted; and
ˆ Require employees to make it clear that the views they express online are their own and not those of their employer.
By adopting policies that expressly address blogging, an employer can educate employees on specific limits and expectations. If it becomes necessary to take action against an employee because of inappropriate blogging, the employer will have fairly warned of what is problematic and what the consequences may be. This simple step will mitigate the effect on employee morale. It will also enable the employer to point to an objective, policy-based rationale for its decision to discipline or terminate, buttressing its defenses against claims of discrimination or retaliation.
Consider, too, that some companies use blogging to their advantage by sponsoring official company blogs produced by employees or designated affiliates. Microsoft and Sun Microsystems are at the forefront of this trend. The benefits range from increasing word-of-mouth advertising to responding to comments on other blogs.
Whether a blog becomes a useful tool for your company or a source of irritation is a choice you can influence with the policies you adopt today. Take the time to make decisions about this emerging trend before your business feels its full impact.
Say an employee at your company decides to create a Web log about life at work. Are you ready for the consequences?
Perhaps the blog begins as a personal diary, where the blogger posts playful reviews of company meetings, events and outings. But as others at the company join in with their viewpoints, the tone changes from playful to degrading. The anonymous nature of blogging can provide an unwelcome forum for outrageous comments about co-workers, management, customers and products. And the postings are available for anyone, anywhere to read. What seemed innocent at the beginning now has the potential to harm your company's reputation.
Blogging is an aspect of technology that few business owners and senior executives devote time to managing. A new poll by the San Francisco, Calif.-based Employment Law Alliance shows that there are upwards of 10 million workplace bloggers, yet only 15% of companies have policies in place to address the practice of workplace blogging. Maine is fortunate in that new trends like blogging often begin elsewhere. That gives Maine companies the opportunity to learn from the experience of others and establish policies before issues arise.
Blogging is a true Internet phenomenon ˆ an unregulated, anything-goes free-for-all. Recent cases on the West Coast, such as Microsoft and Google firing employees for inappropriate blog content, demonstrate that blogging can spiral out of control and negatively impact employee morale and a company's image. A quick Internet search will reveal a staggering number of blogs devoted to trashing specific companies. On the other hand, employers can establish blogs to provide a forum for employees to express their views respectfully, debate issues affecting their jobs and provide executives with feedback on corporate decisions.
Employees blogging at work or on company-owned hardware present the same productivity concerns inherent in Web surfing and e-mail use. But there is a crucial difference: Because of the potentially limitless audience for a blog, the risk that an employee exposes proprietary information; defames a manager, customer or competitor; or simply expresses ill will can be exponentially greater. For publicly traded companies, there are additional concerns about the impact certain disclosures may have on share prices or investor behavior. Finally, if an employee could reasonably be perceived as speaking on behalf of the employer, then the employer bears a risk of liability in its own right.
The ground rules
Companies cannot prevent blogging away from work. But well-defined policies can mitigate the effect of employee blogs wherever they are produced. Your company's current computer network, e-mail and Internet-use policies can be expanded to cover blogging, even if the blog is created after work on the employee's own computer system.
A comprehensive policy on blogging should at least:
ˆ Expressly include blogging within the same rules that govern acceptable use of e-mail and the Internet;
ˆ Prohibit employees from disclosing or discussing any confidential or proprietary information;
ˆ Prohibit the use of your company name, trademark or logo;
ˆ Remind employees that they are expected to be respectful of the company, its employees, its customers and its competitors, and are not to post material that reflects negatively on the company or contains harassing, discriminatory or threatening content, no matter when or where the blogging is conducted; and
ˆ Require employees to make it clear that the views they express online are their own and not those of their employer.
By adopting policies that expressly address blogging, an employer can educate employees on specific limits and expectations. If it becomes necessary to take action against an employee because of inappropriate blogging, the employer will have fairly warned of what is problematic and what the consequences may be. This simple step will mitigate the effect on employee morale. It will also enable the employer to point to an objective, policy-based rationale for its decision to discipline or terminate, buttressing its defenses against claims of discrimination or retaliation.
Consider, too, that some companies use blogging to their advantage by sponsoring official company blogs produced by employees or designated affiliates. Microsoft and Sun Microsystems are at the forefront of this trend. The benefits range from increasing word-of-mouth advertising to responding to comments on other blogs.
Whether a blog becomes a useful tool for your company or a source of irritation is a choice you can influence with the policies you adopt today. Take the time to make decisions about this emerging trend before your business feels its full impact.
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