What is Social Media

1. What is Social Media Extra concerns for Managers and Supervisors

2. Social Media • Blogs • Twitter • Face book • My Space • Web sites • Chat Rooms • http://www.youtube.com/watch?v=NgfUu-jLC78&NR=1&feature=fvwp

3. Social Media and email • You are an agent of management • You speak for the company even with a disclaimer in some cases • Do not post online anything you do not want to see in court • Even deleted files, email, web pages, postings, cell phone texts can be recovered and are discoverable for legal proceedings • Never trust security features • Do not delete files or email if a complaint is made

4. Discrimination/Harassment • Supervisor vents late one night on Face book and uses a racial slur to refer to an employee • That employee is later terminated • The comment can make its way into legal evidence • Age, race, color, creed, sexual orientation, gender, disability, marital status, military status, victim of domestic abuse, genetic status or carrier status

5. DSICRIMINATION/Harassment • Coworkers put on their Face book page that they don’t like working with someone based on their sexual orientation • A manager/supervisor becomes aware • This affects the workplace • Was posted while off duty with private computer • Need to counsel the employee

6. NYS Off-duty Activity • Cannot discipline, terminate, or refuse to hire someone for the legal, off-duty activity unless it interferes with the mission and interest of the employer • Racial slur about President of the US or public figure • Use private equipment outside of work • Legal comments – no threat • May counsel the employee that language is not allowed in the workplace; no discipline

7. NYS OFF DUTY ACTIVITY • Employee puts on their blog about going out and drinking, participating in a political rally, or talks about their bungee jumping • Use private equipment outside of work • Legal comments – no threats • Cannot use this information against the employee in terms of their employment

8. NLRA • Protected concerted activity regarding terms and conditions of employment for mutual aid and protection • Surveillance of union activity • Employee complains about their boss giving them terrible assignments and projects • Other employees chime in and agree • Can take no retaliatory or discipline action • Applies not just to online, but at work conversations as well

9. Defamation or Libel or Tort Cases • A supervisor fires an employee for poor performance • Later that night she blogs about how difficult it was to fire this employee . They really liked them as a person, but they could not do the job. • Public has no need to know • What if what you said is not true? • Supervisor writes,“ I hear Sally was fired today?” • What if I do not use her name? • But everyone who works here knows. Everyone knows where you work. Maybe even the department.

10. Disclose Confidential or Protect Information • Lawyer working on a big merger. All 300 of his Face book friends, who are in the same industry, know he is working on this merger. • He puts on his face book – “Finally done with this deal. Now I can get some sleep.” • In August, you go home and put up on a NY Jets fan page and you text friends • “ Mark Sanchez hurled his breakfast this morning in the dining room.”

11. Confidential Information • Medical • Nurse talks about treating a cop-killer in the ER all night • Discipline, termination, performance evaluations • Educational Records –FERPA • I have a student with an eating disorder ….. • Working with gluten-free student ……

12. Federal Trade Commission • Employees endorsing online their employer’s product or service must discloses they are an employee.

13. Expectation of Privacy • Using workplace equipment to store information no expectation of privacy • Should not intercept messages, even on company equipment • Do not use other people’s password or lie about who you are to access employees’ blogs, chat-rooms, Face book, My space, persoanl email, vioce mail, cell phone texts etc. • Do not place pressure on employees to produce materials, log on and show you what is posted or sent

14. Using Internet for Applicant Background Checks • Not illegal, but beware • Have knowledge of protected information you cannot use in the selection process • Discrimination • Lawful Off Duty Activity • Claims workers compensation, disability, unemployment • Criminal Status • Credit History • Accuracy – everything on the web may not be true • Bills pending in NY that would make these searches illegal

15. Professional Boundaries • “Friending” coworker or those on campus - beware • Never use the informal employee review feature • Would you go to a social gathering with subordinates? Peers? your boss? and say these things? Show them these pictures? • You are an agent for the employer and your conduct with employees is not off-duty

16. Real life Cases • Texas disc jockey blogging about homosexual dating habits was fired • Orlando Sheriff Deputy fired after posting comments about swimming nude and drinking heavily was fired • California Automobile Club employees fired after making remarks about a co-worker’s weight and sexual orientation • Philadelphia Eagles fired an employee for posting critical message about Brian Dawkins signing with Denver. • Washington employer fired a manager who posted sexual photos of himself with a minor child on Face book • National Auto Club employees created a Face Book page to protest the change in free parking provided to employees. They were disciplined and told to take the site down. • Houston restaurant manager used another employees name to create a user name and password to log on to an invite chat room only. Fired employees based on what was said.

17. Closer to home • Ithaca Police Officers created a Face Book page in support of Sgt. Bryan Bangs who lawfully shot and killed suspect who was fleeing from the police. He already hit one officer with his vehicle and was about to hit Sgt. Bangs. Sgt Bang’s home was subject to arson within a week of the release of the investigative report. • Mayor of Ithaca told them to take the site down as she felt it appeared that this was the official position. • Officers claim the Mayor, agent for the employer, violated their rights to discuss terms and conditions of employment for mutual aid.

18. Wrap Up • Technology is changing fast • Faster than legally constraints can keep up • Follow ASC policies and known legal practices • Use your good judgment in your conduct online • Check with HR about possible inappropriate conduct of employees before discipline