The real questions for employers to ask about social media

When it comes to employment law social media is still very new.  There have been cases about employees’ ‘behaviour’ and negative comments against the employer or an individual within the business on social media however these have been about more social sites such as Facebook.  (It would be very unprofessional to do this on LinkedIn).  Most of the cases have addressed how to protect the brand and contacts rather than individuals using it to support the business, but it doesn’t actually discuss employees using it for good.  ‘What?’ you say, well keep reading…

Protecting the business is of course important and it is interesting, as if we were talking about contacts outside social media it is common practice to restrict employees from making contact when they finish with the business where the contact was made.  So, the same should and does apply when it comes to contacts on LinkedIn or other social media sites used by the employer.  However, most businesses don’t seem to be as concerned about LinkedIn contacts.  I have noticed Recruitment Agencies to be strict with linkedIn contacts and in some cases making the individual delete their whole profile.  However, the application of social media situations to the relevant legislation is probably still a little ambiguous because it’s so new.  So, why aren’t businesses more protective of their social media contacts? – and clauses in employment contracts are the best way to do this.  This is a topic that is discussed a lot but this isn’t the only question to ask yourself, or your employees.

LinkedIn, being a professional platform, is used not only by individuals to increase their profiles or for recruiters to find candidates but also for businesses to get their employees to market their business, their employees and their skills and network online.  In fact, marketing agencies would be advocates for this.  So, it surprises me that we don’t see more businesses seeking and wanting to protect their contacts.  The way they can do that is to get a snap shot of the existing contacts at the time of commencement and then you can see what contacts have been made during the course of employment.

The other important question that comes out of this, in relation to businesses marketing their business, employees and their skills online through LinkedIn.   Should it be expected that an employee use their individual LinkedIn account to market their employers’ business?   I haven’t found that anyone from either side has yet tested this.  However, LinkedIn is a professional platform not a social personal platform and whilst many employers use both, for most professional firms the main platform is LinkedIn because that’s appropriate.   Employers generally encourage their employees to be brand ambassadors on and off social media.  But, to be honest regardless of what the law may indicate, I think the question is really why wouldn’t an employee support their employer on LinkedIn or any other social media platform? – that’s the real question.

• If the employee isn’t prepared to publicly support the business that also supports them then there is something wrong – through social media or otherwise.
• The employee, particularly where blogs are written as part of the job and employment with the employer, is also getting personal recognition for this when in fact it is the business’ intellectual property
• I believe most people, employer or otherwise, would expect an employee of a business to support that business in liking, sharing and making comments on the employer’s posts.
• If the employee doesn’t show support and limit the potential for growth of the business, it also limits the opportunities for the employee.

The employee may have their own personal opinion and I think these would be mostly respected, depending on what they are, however this is business, part of the job in this new world of social media and I believe the expectation is a reasonable management request.

I would not expect it would be reasonable for an employer to expect that employees support the business on personal platforms such as Facebook but again, why wouldn’t they?  That’s the question to ask – yourself and your employee.

LinkedIn is different, whilst it is an individual professional profile it is a professional platform.  So, I think an employer should have a right to ask an employee to support the business by liking, sharing and commenting on business posts and I think  an employee should do it as it is a reasonable management request – a business leader should expect support from their staff when they support them.

At HR Business Direction we can help you protect and promote your business. Contact us HERE.

Leisa Messer BBus(HRM); GradDipIR; CAHRI; IRSQ
Managing Director | HR Strategist
leisa.messer@hrbd.com.au
07 3890 2066
www.hrbd.com.au