A social media policy that prohibits “negative statements about the company, managers, or employees” would likely be found unlawful under the National Labor Relations Act because it would be considered vague and ambiguous with additional context. So what can you do?
A social media policy can prohibit the use of racial or ethnic slurs; pornography; obscenity; or derogatory, discriminatory, and harassing postings or materials. The social media policy should also make clear that employees are prohibited from using online social media to harass, disparage, libel, or discriminate against others in the workplace.
That said, your policy should explicitly state that it does not prohibit employees from discussing the terms and conditions of their employment, since employees have the right under certain circumstances to criticize their employer, manager, or supervisors.
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