What Are the Legal Rights of Employees for Social Media?

Most Americans are active on at least one social media platform. We are a connected society, particularly since smartphones have placed these platforms front and center. Since engagement with social media is generally seen as leisure rather than work, the debate about whether social media is appropriate workplace behavior marches on. Equally important are the business law issues pertaining to whether employees should be allowed to use social media in the workplace.

Whether or not to allow social media use in the workplace is not a simple issue. The productivity, creativity, and legal issues for managers and business owners must be carefully considered before making policies for social media use in the workplace. If you need legal advice regarding setting social media policies in the workplace, it can be beneficial to speak to a knowledgeable Naperville, IL business law attorney from Gierach Law Firm.

What Are the Positive Aspects of Allowing Employees to Use Social Media in the Workplace?

As an employer, you may think there are no positive outcomes associated with letting your employees use social media while at work. In fact, several studies have found that using social media in the workplace has a positive impact on employees’ attitudes and performance. Those who used social media at work tended to have higher levels of motivation.

Social media users were also more likely to generate innovative ideas than their colleagues who did not use social media. Employees who are allowed to use social media at work tend to have higher job satisfaction than those who do not. Employees can be encouraged to post interesting aspects of their company, including upcoming events, while employers and managers can use social media to contact employees with announcements, events, and policy changes.

What Are the Negative Factors Associated with Allowing Employees to Use Social Media in the Workplace?

Valid or not, many employers see the use of social media in the workplace as a productivity killer. When employees are scrolling through social media, they are not working. When employees access social media networks on company devices, there may be company security issues, as hackers or viruses may gain access to sensitive internal company data.

Negative interactions between coworkers on social media channels can create thorny human resources issues when harassment or other inappropriate behaviors occur. An employer could potentially be liable for workplace harassment on social media when it takes place at work.  

While morale and creativity get a boost when employers allow the use of social media, employees who use social media at work are also more likely to leave the organization. These employees could possibly be using social media to grow their professional network, so are seeing more job opportunities.  

To Block or Not to Block: Should Social Media Be Allowed in the Workplace?

When employees are blocked from using social media at work, morale can take a nosedive. The effort can be futile, in any case, as employees may simply access social media on their own personal devices. Whatever direction employers take on the issue, it is essential that there be a flexible policy that clearly outlines expected behaviors regarding social media.

Employees need to understand that when they access social media on their personal devices on the company network, they have no expectation of privacy. Some employers ask for their employees’ usernames and passwords for social media sites. The legality of this depends on the state. In the state of Illinois, the Right to Privacy in the Workplace Act was amended to make it unlawful for an employer to request passwords or other related information to the employee’s social media accounts.   

Contact a Naperville, IL Business Law Attorney

As social media use continues to grow, organizations must be vigilant in protecting information and privacy. An experienced Naperville, IL business law attorney from Gierach Law Firm can help you write social media policies for your employees or review your existing social media policies to identify weaknesses. Lead attorney Denice Gierach has more than 30 years of legal experience and is also a CPA who has owned and operated multiple businesses. Contact Gierach Law Firm at 630-228-9413 to schedule an appointment to discuss your business needs.