HR Newsletter

When employees blog, employers must step carefully

In the last several years, weblogs – or blogs – have evolved from faddish new technology to a staple of Internet communication. While some blogs have become infamous or controversial, most are innocuous, with readership limited to a handful of friends and family members of the blogger. As an employer, these blogs shouldn’t cause you concern, but cases may arise which could. In fact, in deciding how to handle the issue of employee blogging, employers must first distinguish between on-duty and off-duty blogging.

On-Duty Blogging

Over the past few years there have been numerous cases of employees being terminated for blogging while on company time. Many companies, including ADP TotalSource, have established guidelines for on-duty Internet usage that address the blogging issue. The legal landscape around on-duty blogging is fairly clear-cut: the employer’s rights have priority, especially if it’s their technology being used.

ADP TotalSource has a broad-based policy on Internet usage, information security and appropriate conduct. We work continuously to keep abreast of technological developments to ensure that the policy stays up-to-date and relevant. We also recognize that each case of alleged employee misconduct (in this case, on-duty blogging) must be judged individually for the employee to receive a fair and legally compliant decision. Our Employee Handbook product is offered to all ADP TotalSource clients to ensure that policies are clearly communicated, received and acknowledged by all work site employees.

The issue of off-duty blogging requires employers to monitor with caution. If the contents of an employee’s blog are detrimental to his or her employer’s interests (for example, if the employee posts strong negative opinions about the employer), then the employer may wish to take action against the employee.

Complications arise when an employer’s actions could contradict an employee’s rights – most notably, those of free speech and protection from retaliation. Various factors determine the levels of protection for the employer and employee in these cases, including the blog’s contents (for example, if it could be deemed political expression) and the laws of the state in which the employee resides.

Most human resources professionals advocate a case-by-case approach to the issue of off-duty blogging. Only by weighing the legal and business implications of a particular course of action can the employer, in consultation with employment law experts, find the right balance between an employee’s rights and the employer’s reputation and mission. We recommend that you consult with your HR Professional prior to formally or informally addressing alleged employee misconduct.

Not sure what a blog is, despite its popularity? You’re not alone. In its simplest form, a blog is an online journal. Blogs make it easy for non-technical people to opine about anything: politics, music, hobbies, pets – you name it. In fact, many blogs exist as ways for families and friends to keep one another up-to-date on life events.

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