11/20/2009
Plumb said he is recommending to clients that they develop tools that can be used regarding employee conduct that can be tailored to address the social media and electronic communication issue."We lose sight of the fact that sometimes people think there is something unique about conduct if it is electronic and there is something about actions if they arise by social media," he said. "The reality is the medium changes. It is more wide-spread. It makes it that much more dangerous because of the instantaneous nature. People tend to do things in text messages, e-mail or blogs, Web sites or Facebook they never would do face-to-face. "Employers need to have no tolerance policies that provide for the prompt, but thorough investigations if employees believe they have been subjected to harassment." Employers regularly need to update policy manuals. Make certain that everyone in the company understands that: • it is intended to include harassing conduct that occurs in the context of electronic communication or social media, and • it addresses and prohibits harassing comments whenever and wherever it occurs. That means if the actions occur outside the workplace after hours, the actions still are covered and prohibited by the harassment policy. The same thing is true of derogatory or defamatory comments about coworkers, competitors, clients and customers, he said. Many employers have adopted professional standards and ethics policies. Every effort should be taken to be certain the policy establishes the kind of values the company stands for, the conduct that is prohibited and what is considered improper and inappropriate behavior. A discipline policy needs to set standards and expectations and those need to be updated to include unprofessional conduct, he said. It needs to be clear enough so that a person understands that it applies after the work day during their off time. They need to understand they can be punished or terminated if circumstances warrant such action. Make certain confidentiality and trade secret policies are clearly defined and included in social media activities, he said. Employers are having difficulties and are going through a learning curve on these issues, Plumb said. In many cases, the rank and file work force is a lot more knowledgeable and sophisticated than the supervisor, management or employer. That may be a function of youth, workplace experience or perhaps school. That's why the employer needs to deal with conduct, not from the technical standpoint. Plumb can be contacted at (918) 587-0000.
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Aerospace
