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Mike: "Give me a good reason why employers should
monitor social media activity?"
Trebek: "Sorry, you didn't phrase it in the form of a
question."
Mike: "Ok, what is 'give me a good reason why employers
should monitor social media activity?"
Trebek: "Sorry, too late."
But that was the right answer, whether I move on to
Final Jeopardy or not. In fact, we spend a lot of time discussing
the perils involved with employers monitoring social media
activity. But there are reasons why employers do want to
monitor.
Houston-based specialty retailer Francesca's Holdings Corporation issued a
press release on Monday that it terminated the employment of
its Chief Financial Officer – for cause. According to the
release, he was terminated because he "improperly communicated
Company information through social media." Francesca's did
not identify the exact nature of the company information disclosed,
nor did it specify which social media account was used. It did note
that the disclosure was discovered on May 11th, after
which an investigation was immediately commenced by the Board of
Directors.
According to the Board's Chairman:
"Francesca's has delivered
consistent, high quality results for customers and public
investors. We are disappointed by this situation but we expect our
executives to comply with all Company policies."
Employer Take Away: What should you as an
employer take away from this development?
While you certainly want to make sure you comply with all
applicable laws, regulations and rules, your company does have a
right to ensure that its legitimate and valuable business interests
are protected. So, if you want to monitor:
Establish lawful protocols to monitor what is being said about
your company, particularly from the microphones held by your own
employees; and
Be crystal clear in your lawful policies and training about
what is considered by the company to be protected information, and
what cannot be disclosed to outsiders. It should go without saying
by now that your confidential information policy should include
references to social media use.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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