With the exponential growth in electronic communications and computer networking, employers have more to deal with these days than just the economy as they try to keep abreast of advances in technology. Gone are the days when employers had to be alert only to harassment around the water cooler or negative remarks made during happy hour. Today employers have to keep up with e-mail, instant messages, blogs, Twitter, Facebook, LinkedIn and other social networks. This article will address the issues that arise in this brave new world and how employers can address them.
ISSUES
Generally, the issues presented by these new methods of electronic communication are the same issues that have always plagued employers. The difference is, however, that employees can inflict greater damage to businesses because of the speed and ease of publication to vast audiences and the difficulty of retracting information once it hits cyberspace. Similarly, the number of employees that can inflict damage to businesses has grown dramatically because anyone with access to the Internet can send information at virtually no cost. Given the potential for greater and more far-reaching consequences, employers would be well advised to protect themselves. Before addressing how best to protect one's business, it is worth noting some of the issues posed by this technology.
Productivity drain. Research indicates that the majority of employees utilize their work computers, cell phones and handheld devices to send personal messages, access the Internet or review and post information on blogs or social networks. This new technology is more insidious than previous forms because it is difficult for employers to monitor. Employees may appear to be engaged in productive work when in fact they are utilizing their work equipment for personal use. In addition, the instant nature of such communication encourages employees to spend more time reading and responding to messages or viewing information online.
Exposure to legal liability. Employers can be held accountable for information sent by employees regardless of the method of sending such information. Thus, harassing, offensive and defamatory comments in instant messages or blogs may subject an employer to liability.
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Source: law.com
By: Carolyn M. Plump
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