Does Your Company Have an Employee Internet Policy?

November 10, 2010

In these days of constant internet communication, many businesses are setting specific policies in an attempt to manage what their employees may say about the company online.  But these policies are not as simple as they would seem. 

If an employer prohibits employees from expressing complaints on social media, it may raise the concern that that employer is violating the employees’ rights to engage in concerted activities.  In other words, the employer could be prohibiting the employee from taking the steps to engage in union activity. 

At least, that’s the argument of the National Labor Relations Board (the government agency tasked with protecting employee and organized labor rights).  When Dawnmarie Souza, an employee with American Medical Response in New Haven, Connecticut, had a disagreement with her supervisor, she shared her complaints on Facebook. Her Facebook friends, including several co-workers, expressed agreement and added their own complaints through the social networking site.  The company fired her for violating its “Internet Policy” against making disparaging remarks about the company online. 

This case will be heard before an administrative judge in January.  From there, it is likely that it will be appealed to higher courts, and, whatever the outcome, it will set new policies on exactly how much control an employer can have over an employee online.

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