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Fired for Facebook?

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By Theresa Witham

Last year, when I read (and then wrote) about a case involving an employee fired for something she put on her Facebook page, I was surprised at the outcome.

As I explain in the HR Answers: Facebook Firing column, a Connecticut ambulance service employee was fired for posting negative comments about a supervisor on her Facebook page. But a complaint by the National Labor Relations Board’s regional office resulted in the company settling. The reason: Under the National Labor Relations Act, employees may discuss the terms and conditions of their employment with co-workers and others.

The company agreed to revise its overly broad rules to ensure it do not improperly restrict employees from discussing their wages, hours and working conditions with co-workers and others while not at work. 

This seems to have major implications for social media policies. And it got me thinking about a topic I’ve pondered for a long time.

Are social media policies that require employees to present themselves on line--even during non-working hours and for non-business purposes--in a manner that does not reflect poorly on the business too restrictive?

I started thinking about the topic again after reading two recent Credit Union Management magazine articles that examine companies’ use of social media in relation to its employees and potential employees.

In “Background Checks: Proceed carefully when looking into candidates’ histories,” the author discusses the disturbing practice of some employers asking for social media logins during the hiring process. That’s right, a few companies (enough that some states are legislating against the practice) have asked interviewees for their Facebook and other social media logins. Not only does this seem to be an incredible privacy violation, but it also seems like it would put the company in the dangerous position of knowing details about a person, such as race, religion, etc., that cannot be used to make a hiring decision.

A second article “Social Recruitment: LinkedIn, Facebook and Twitter are useful tools for finding new employees, but be cautious,” includes tips from two credit unions that have found recruiting success in social media. Again, the article cautions readers to be careful what they look for in candidates’ public profiles and to be careful not to damage the CU’s brand while socially recruiting.

As I edited these articles, I returned to the idea that participating in social media is like living in a small town.

Lots of employers get a bit freaked out about what their employees are doing on social media. I suppose it’s easier when you don’t have to know if co-workers got really drunk on Friday night or liked a funny, but definitely not safe for work, Saturday Night Live skit on Saturday.

But what do employers in small towns do when an employee makes a drunken scene at the local bar on a Friday night? What about when a job applicant arrives for an interview in a car with a political bumper sticker?

Most of us have grown accustomed to having a work persona that is just a bit blander than our real selves. Navigating between the work Theresa and the real Theresa can be tricky at times on Facebook. I don’t talk too much about politics or religion or anything more controversial than how great my new hand-knit socks are.

However, not everyone puts their bland face forward and thank goodness--otherwise social media would be boring!

How do you--and your credit unions--find the right balance on social media? 

Theresa Witham is a CUES editor.

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