Employee blogging can involve the disclosure of confidential business information, disparagement or criticism of other employees or of the company itself, and display interests that are in conflict with the company contracts and policies. The trend these days show the court’s support for employers who decided to terminate a particular employee who was found to be engaging in behavior that is in conflict with the company’s best interest.
It has actually been established that employees who damage their employer via blogging are violating their obligation to be loyal to the company. This duty of loyalty encompasses duties of confidentiality and obedience. On the other hand, this duty of loyalty is violated in cases of disparagement of the managers, criticism of the company, harmful speech and insubordination. One example of an employee blogging that became a problem for the employer involved a flight attendant who posted provocative photos of herself wearing her airline uniform. Another employee, hired by Google, posted his criticism and other impressions of his employer. A Microsoft employee also took photos of several Apple computers as they were delivered and posted them on his personal blog. All these employees, in this case, were terminated on the basis of their personal blog content.
The blog monitoring being conducted by these employers is being considered by many employees as a violation of their “right to free speech.” This right to free speech, however, as indicated in the First Amendment, only covers the government’s restrictions on individuals or groups. But in “employment-at-will” states, existing law allows employers to terminate employees who were found to be disloyal to the company. Even so, employers should be very careful when involved in situations involving employee blogging. If they are not careful, they could damage their reputation in the business community especially if they were seen as being too intrusive to their employee’s personal activities.
In order to avoid these concerns, employers should implement general employee blogging policies, which will cover blogging agreements and procedures to be followed for employee blogging. These policies should also cover the use of electronic resources as well as rules on harassment, discrimination and non-disclosure. The agreement between employers and employees must also include in detail policies and guidelines involving the removal and use of confidential company information and rules for the use of company-sponsored blogs. In case the employer has not yet created guidelines for internet usage, the company should immediately come up with one. The employer should then advise their employees that they will be monitoring personal internet use especially during work hours. Lastly, employers must check the present condition of their internet security in order to know if they are at risk for data mismanagement including internet sites and archived emails. The general policies covering such internet usage and blogging should guarantee that the employees will not be able to disparage or criticize their employers and should promote confidentiality and professionalism.
It is recommended that employers assign an individual to do the blog monitoring. There are actually public corporations that are obligated to monitor employee communications as part of state or federal regulation. On the other hand, private corporations are allowed to monitor communications to make sure that their employees are not involved in improper conduct such as disclosure of confidential company information. More importantly, a company should create an employee blogging policy that adheres to the guidelines set by the National Labor Relations Act, where blogging activities are protected. Employers should make sure that their monitoring does not violate any NLRA policies on blogging. Informing employees of any revisions to the existing policies or changes in implementing guidelines is equally important.
About the Author
Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet. Find out how our lawyers can help you at http://www.masudco.com.Author Profile: robertmasudesq Article Source: Populate.NET Article Directory
]]>The federal anti-discrimination law called the Equal Employment Opportunity law covers all private employers, state and local governments, and educational institutions, which employ 15 or more individuals.
Law prohibits discrimination in the following practices:
• Hiring and firing of employees
• Compensation, assignment and classification of employees
• Transfer, promotion, layoff, or recall
• Job advertisements
• Recruitment and testing
• Use of company facilities
• Training and apprenticeship programs
• Fringe benefits
• Pay, retirement plans, disability leave
• Other employment terms and conditions
Under the law, other illegal discriminatory practices also include:
• Harassment
• Retaliation
• Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, disability, or ethnic group
• Denial of employment opportunities to a person because of marriage or association with an individual of a particular race, religion, national origin, or an individual with a disability
• Discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.
How to File a Charge
Here are initial steps in filing a discrimination charge:
• You can file a charge by mail or in person. Contact the nearest EOC office to inquire on detailed procedure of filing a case.
• If you need an interpreter, you need to call the EOC local office to make a special accommodation.
• Consult the fact sheet about complaint processing
When filing a discrimination charge, the following information is required:
1. the complainant’s name, address and contact number
2. the name, address, and contact number of the respondent employer or agency
3. a brief description of the violations
4. the date of the alleged violations
When to File a Case
A complainant may file a lawsuit within 90 days after receiving a notice of the “right to sue” from the EEOC. The notice of the “right to sue” may be requested by the charging party 180 days from the filing of the complaint. A lawsuit must be filed within two years (three years for intentional violations) of the discriminatory act.
What Remedies Are Available When Discrimination Is Found
When discrimination is found, whether caused by intentional acts or certain employment practices, some remedies or relief are available which may include:
• back pay
• hiring
• promotion
• reinstatement
• front pay
• reasonable accommodation
• other condition or action that will restore certain privileges
Other relief may also include payment of:
• attorney’s fees
• expert witness’ fees
• court costs
Compensatory and punitive damages may also be obtainable under the enforced laws of the EOOC. When discrimination is found, compensatory damages may be available for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. If an employer acted with malice or recklessness, punitive damages may be imposed. However, punitive damages do not apply against federal, state or local governments.
Therefore, if you feel aggrieved and you believe your employment rights have been prejudiced, you can find relief by seeking the protection of the law.
You may always find refuge from our Expert Los Angeles Attorneys. Just search our website and find the top and most favorable solutions for your employment discrimination case.
Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.