Recent events like investment firm Franklin Templeton's firing of Amy Cooper after she was recorded calling the police on black birdwatcher Christian Cooper and ongoing protests against police brutality in the wake of the death of George Floyd have led to questions about how off-the-clock and online behavior of employees can affect their employment.
While the law generally protects employees from wrongful discharge due to off-work and social media behavior, workers can still take steps to mitigate the possibility of being disciplined or fired. All employees, from entry-level workers to senior executives, should work to understand the benefits and dangers of social media to their careers, according to local business professors.
When an employee does show harmful behavior off-work or online, the company must consider its own social media policies, human resources best practices, and its public relations goals when deciding on possible disciplinary action against the employee in question, according to human resources and public relations professionals.
"The law is well established that an employee’s off-duty conduct ought not to be of concern to the employer unless there is a real and material connection between the off-duty conduct and the workplace. This same principle has been applied by decision-makers in both a unionized and nonunionized context when addressing off-duty social media use by employees," said University of Toledo management professor Dale Dwyer.
Mr. Dwyer outlined four specific cases in which companies have grounds to fire employees for their off-work actions: their conduct harms the employer's reputation or product, other employees are unable to work alongside them, the employee has committed a serious breach of the Criminal Code, or their conduct impedes the employer's ability to efficiently carry out its function.
Employees should not be the only ones self-policing their off-work and online conduct, however. It is important for students, young people, and others looking for work to monitor their online behavior as employers may run extensive background checks on individuals before hiring them.
One of Toledo's largest companies, Owens Corning, lays out behavioral expectations for its employees in its code of conduct. Principally the company expects employees to act ethically and with integrity in public spaces.
"At Owens Corning, we believe in the importance of all voices being heard, especially at a time of such strife and need for change in our nation. As a means of connection and self-expression, we welcome our employees’ participation in social media...Within this context, we encourage our people to always use good judgment and be aware of the impacts of their behavior, both inside and outside of work," said Owens Corning spokesman Todd Romain.
There are a number of HR best practices companies should use to manage and communicate expectations for social media and off-work behavior, according to Bob Bethel, the vice president of HR and Learning Services at the Maumee-based nonprofit Employers' Association.
"Every company should have, in their employee handbook, a social media or social networking policy. First it is a recognition that almost all employees today are going to be involved in social media," said Mr. Bethel. "So you normally start off with saying, 'We don't pass any judgment on anyone participating in social media; however there are some guidelines that we expect people to follow.'"
Holistic company policies should include guidelines prohibiting harassment, threatening other users, and negative comments about other employees. Also employees should make it clear that all opinions are their own and that they are not representatives for their company online. Overall employees should refrain from posting content or engaging in behavior that will reflect poorly on their organization.
Companies have a wide range of disciplinary strategies at their disposal, said Mr. Bethel. Depending on the severity of the violation, a company can issue a verbal reprimand, suspension, or termination. In addition the company may ask the employee in question to undergo training.
"Nobody is operating off of the radar screen of other people in their organizations, in their communities, or in their industries. I don't say that to create a paranoia. I say that to create mindfulness that what you say online has legs," said UT management professor and executive coach Clint Longenecker.
As for corporate leaders, Mr. Longenecker said that their voices on social media are often the loudest in the room and also the most scrutinized. Ill-advised social media activity from company leaders can not only lead to ramifications for the leaders themselves, but also for their businesses. For example Elon Musk's propensity to tweet without a filter has led to drops in Tesla stock price multiple times recently.
When deciding how to reprimand an employee for their behavior, companies, especially large multinational corporations, must consider the public relations consequences of their decision in addition to relevant HR policies, including how their stock may be affected or how consumers may react to an action, or lack thereof.
"Companies have to be self-aware enough to know who they are by understanding what people have come to expect from them. One question a company can ask themselves is, is there any precedent at all for disciplining employees who have had similar sorts of behavioral issues on social media?" said Eric Yaverbaum, President of Ericho Communications, a PR firm.
Mr. Yaverbaum emphasizes that employees should be who they are on social media, but should refrain from "yelling fire in a crowded theater."
First Published June 7, 2020, 12:30 p.m.
