Some employer’s initial reaction is to implement a broad policy that could cover any potential negative or harmful social media posts. But this could be a big mistake.
Overly restricting employee use of social media could not only decrease employee morale, but also could get the employer in “hot water” with the National Labor Relations Board. In any case, overly broad policies undermine a primary purpose of the policy by potentially exposing the employer to liability for chilling its employees’ rights under federal law.
For example, a work rule that states “Personal use of social media is never permitted on work property” is most likely an overly restrictive policy that would violate an employee’s right to discuss the terms and conditions of employment with other employees on non-work time in non-work areas.
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