Technology's rapid advancement allows people to share, spread, and gather information at faster rates than ever before. Millions of individuals residing around the globe update statuses, tweet, and post to social media profiles every day. The rising influence of social media and the instantaneous publication of information on social media platforms creates the need for practices to protect themselves. Every practice should have a social media policy in its employee manual for new staff to sign and return.
The content of a well-written social media policy should:
- Outline an employee's social media use in relation to work time
- Have a subject to employer monitoring clause
- Include a post disclaimers clause
- Have a confidentiality clause
A well-written Social Media Policy ultimately protects a practice from:
- unproductive employees
- being associated with the views and/ or affiliations of an employee that does not align with a practice's beliefs
- disrespectful commentary (ethnic slurs, personal insults, sexually offensive material, obscenity, etc.)
- employees sharing confidential information
A well-written social media policy provides important protection to a practice; however, a poorly-written social media policy may result in litigation. Many employee manuals include social media policies that are written too broad, which deems the policies unenforceable. A social media policy written too broad may violate the rights of individuals under the National Labor Relations Board. A practice owner's social media policy should protect the practice without limiting certain rights of an employee. Before having employees sign a social media policy, make sure that the policy complies with the law.
OBERMAN LAW FIRM
Stuart J. Oberman, Esq handles a wide range of legal issues for the dental profession including cyber security breaches, employment law, practice sales, OSHA, and HIPAA compliance, real estate transactions, lease agreements, noncompete agreements, dental board complaints, and professional corporations.
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