There is no doubt that new technological means of communicating and entertaining are invading the workplace.
The question thus arises: Should employers take steps to potentially control employee blogging, instant messaging and their use of iPods and camera phones?
Blogging Blogs, short for Web logs, typically are just personal diaries made public on the Internet. An estimated 10 million blogs were created in the United States by the end of 2005--and about 8 million U.S. adults had created one. With an estimated 20,000 blogs being created daily, this plainly is an emerging and exponentially growing form of communication.
What are employers to do with respect to blogs created by their employees? Employers legitimately might have concerns, such as the worry that blogging can distract employees and sap productivity.
Employers also could be disturbed by the potential for blog content that could harass other employees, impugn the reputation of their companies, defame others or disclose confidential company information or trade secrets.
On the other hand, employers should be mindful that in certain settings, employee blogs can be beneficial. Blogging can serve as an important means of communicating between company partners, customers and employees. Blogs can be the spark for innovation and development.
Many companies may not want to outright ban blogging by employees (which also could be a PR nightmare). Instead, those companies would be smart to incorporate blogging activities into their (hopefully) existing computer and Interent policies.
These policies should be updated specifically to define and address inappropriate and appropriate blogging. The key to such policies is effective communication so employees comprehend proper blogging parameters and buy into a company's approach up front.
Employees should understand from such policies the following:
• Confidential company information and trade secrets must be protected.
• A company's brand and image must be honored.
• Blogging activities will be monitored and employees should have no expectations of privacy in work-related blogs.
• Time limits may be placed on blogging.
• Blogging activities will be monitored and employees should have no expectations of privacy in work-related blogs.
• Certain types of blogging content are acceptable for a company and others are not.
• Blogging activities will be monitored and employees should have no expectations of privacy in work-related blogs.
• Violation of a company?s policies could lead to discipline and even termination.
Employers need to take blogging seriously, as there are circumstances under which they can be held responsible for the blogging content posted by their employees. Already there have been instances of employers terminating employees for blogs that have been perceived as harassing, defamatory, vectors for disclosure of trade secrets and forums for speaking out on very sensitive and controversial subjects.
Certain terminated employees have turned around and sued their employers for alleged retaliation and discrimination. It is important that employers enforce their policies evenly with respect to employees engaging in the same conduct.
Instant messaging Instant Messaging (IMing) is a real-time dialogue between two or more people on the Internet. Many of the same employer issues raised by employee blogging apply with equal force to employee IMing.
However, some IM platforms, unlike most blogs, do not provide a retrievable record. This can have a number of consequences.
Biography Eric J. Sinrod is a partner in the San Francisco office of Duane Morris. His focus includes information technology and intellectual-property disputes. To receive his weekly columns, send an e-mail to ejsinrod@duanemorris.com with "Subscribe" in the subject line. This column is prepared and published for informational purposes only, and it should not be construed as legal advice. The views expressed in this column are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.
I'd rather not be blogging about my work. What this article doesn't mention is it isn't the employer retailitating that I'm worried about. Retailiation by employees can be worse. People kill people on the Job all the time down here. I'm sure you're aware of that. Say something embarrassing about an employee and he/she might show up in fatigues and a semi-automatic gun.
As far as camera phones. The company can say anyone caught taking photos of sensitive stuff will be terminated. They'll still keep their phones for talking. And with IPods and Digital Cameras..Well if you're not doing your job. The performance reviews will bear that out and then with good documentation of what you're not doing will be on record. Document, Document, Document, the employees performance to protect yourself
I'm surprised that nobody has identified ipods as what they really are - tiny USB drives. I would think that this would raise more red flags than the potential distraction caused by listening to music.
Just to be clear, you use the following bullet item three times: "" Blogging activities will be monitored and employees should have no expectations of privacy in work-related blogs."
Am I to assume that you are attempting to drive the point home or by some off chance is this perhaps a "gratuitous cut and paste" incident?
A comment regarding cell phones that most people are not aware of; Aside from the camera aspect and the built in GPS capability(for 911 location determination), I am not permitted to bring my cell phone in to certain "restricted" areas where I work because even turned off, they can be remotely activated and used as a listening device. My company has actually installed little lock boxes to store your cell phones when entering these restricted areas.
When an employer screws over employees they deserve to get screwed over and they all deserve what they get. The man is the one who is destroying our country and how our businesses are run.
Blogging is just public speech, with all the ramifications thereof
...and a slightly longer shelf-life.
We've already got corporate regulations for what one can and cannot say in public. Is there anything that one could say on a podium, that would be worse said in a blog?
I just don't see value in making new regulations, when the rules we've already got are adequate to cover the situation.
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As far as camera phones. The company can say anyone caught taking photos of sensitive stuff will be terminated. They'll still keep their phones for talking. And with IPods and Digital Cameras..Well if you're not doing your job. The performance reviews will bear that out and then with good documentation of what you're not doing will be on record. Document, Document, Document, the employees performance to protect yourself
I think you meant to say that "Violation of a companys policies could lead to *indiscipline* ..."
"" Blogging activities will be monitored and employees should have no expectations of privacy in work-related blogs."
Am I to assume that you are attempting to drive the point home or by some off chance is this perhaps a "gratuitous cut and paste" incident?
A comment regarding cell phones that most people are not aware of; Aside from the camera aspect and the built in GPS capability(for 911 location determination), I am not permitted to bring my cell phone in to certain "restricted" areas where I work because even turned off, they can be remotely activated and used as a listening device. My company has actually installed little lock boxes to store your cell phones when entering these restricted areas.
But who is afraid of the bad big brother....
When people get wronged by the man - thats when they set out to wrong the man.
So don't SCREW your employees over. comprende?
We've already got corporate regulations for what one can and cannot say in public. Is there anything that one could say on a podium, that would be worse said in a blog?
I just don't see value in making new regulations, when the rules we've already got are adequate to cover the situation.