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Mon, Mar 9, 2009 19:52 EDT

Firing an Employee Over Facebook Quip Could Backfire

Topic: Applications

Blog: Web 2.0 Advisor

Current Rating: 5 Comments: 9

With social networks, we're all instant publishers of information. If you say something about your employer over Facebook or Twitter, you should be prepared to own up to the consequences. But companies would be rash to start punishing employees for every bit of unflattering information they post to the Web.

This ongoing philosophical question about how to address employee behavior and information-sharing on social networks resurfaced today with news that a part-time employee for the Philadelphia Eagles named Dan Leone found himself out of a job after he lamented the team's failure to sign seven-time Pro Bowl safety Brian Dawkins, who opted to play for the Denver Broncos. On his Facebook status message, Leone said: "Dan is [expletive] devastated about Dawkins signing with Denver. . .Dam Eagles R Retarted!!"

He quickly realized the possible consequences of the post and deleted it, but as this Philadelphia Inquirer column detailed, it was too late.

Other poor publishing decisions on social networks have been widely circulated.

An executive from a PR agency (ironic profession considering this example) serving FedEx caught sharp criticism after he let his feelings known about the shipping company's hometown of Memphis, when he posted to his Twitter account, "True confession but I'm in one of those towns where I scratch my head and say 'I would die if I had to live here!'"

Both these incidents reveal that companies need to have more realistic expectations about the freedom their employees have (and should have) to publish their thoughts on social networks. Both employees in this case could have leveled the same criticisms with more mild diction (maybe "I don't think the Eagles got this right" instead of "retarded"; or "this city isn't really for me" instead of "I would die.")

The early concerns about social networks revolved around the hiring process rather than employees, since many organizations made the knee-jerk decision to ban social networks at first. With great regularity, we've seen examples of HR departments trolling social networks to vet (or eliminate) candidates from the hiring competition. My colleague, Meridith Levinson, wrote a great post about how this practice is markedly unfair and unrealistic.

On this issue, I'd strike a similiar tone. Although it's reasonable to assume that employees should never leak proprietary information via social networks, or take personal shots at their colleagues, broadly criticizing their own organization shouldn't automatically lead a firing, suspension or any displinary action for that matter.

For organizations to tell employees they can only publish favorable content about their company on social networks sets several poor precedents. For one, it makes your company look wildly insecure and paranoid about its own business decisions. It also appears as if you don't value dissension or debate on critical issues, that you enforce a "our way or the highway" mentality throughout the office.

Lastly, it shows a gross misunderstanding of the paradigm shift social technologies enable in the open marketplace of ideas. With social networks, normal people don't need millions of dollars to get their opinion heard, or go through the cumbersome process of writing to a newspaper. They can publish information for free and in the comfort of their own homes. This scares many companies. Some organizations, especially the ones that grew up before the Web, would prefer all their employees defer to the jargon ridden PR boilerplate before making any public statement about the company.

Such a

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Average (3 votes)
5
 
 
Tue, Mar 10, 2009 16:56 EDT
Anonymous user
Posted by: B. Tamlin
Rating: 90

People have been blurting out unformed and ill-conceived thoughts for centuries. But now, instantaneous communications (via FB and Twitter) as well as an obsessive need to draw attention to oneself are conspiring to turn what once would have been considered an "oft-handed" remark between two people in an office hallway into an embarrassing CLM (career limiting move) witnessed by billions. Does it stink if it happens to you? Yup. Can we stop it? No. And will HR and PR people start turning a blind eye to it? No way. Companies are so hypersensitive (and stupid) about how they're perceived on the Web that this is just the beginning. Sad to say.

 
Fri, Mar 13, 2009 15:12 EDT
Anonymous user
Posted by: Jake
Rating: 90

Title VII, ADA, ADEA, CSRA, Civil Rights act of '91 and various other laws and regs prohibit hiring/firing discrimination based upon various personal factors. In addition to containing "foot in mouth" comments; the social networks contain protected information like religion or marital status. A termination could turn into a discrimination lawsuit if HR is not very careful.

Also HR needs to be careful that the "foot in mouth" comment were actually posted by the employee. I had a friend that was being termed for posting various negative comments about his employer on the internet. He was able to prove that many of the attributed comments were not made by him. This information allowed him to negotiate a severance package.

 
Wed, Mar 11, 2009 10:58 EDT
Anonymous user
Posted by: Tom Diggs
Rating: 10

I'm keeping a list of all the idiots who are wasting time at work and replying to this article ... then I'm taking the list right to their HR to free up some jobs for those of us who work!

 
Thu, Mar 12, 2009 15:53 EDT
Anonymous user
Posted by: Anonymous
Rating: 90

Dear Tom,

While we have appreciated the number of years of your life that you gave to our corporate family, you are fired.

Peace out

HR

 
Fri, Mar 13, 2009 11:40 EDT
Posted by: C.G. Lynch
Rating: 90

I'm hoping to hear an argument that says employers should punish their employees if they post something negative on a social network. Obviously, I don't feel like that's a good course of action, but I'm sure some people feel differently and have their reasons.

-Chris

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About this Blog

Kristin Burnham chronicles what matters (and what doesn't) in the world of social networking, Web 2.0 and consumer applications.

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