Author: Jessica Sussman
When to Use
Employee use of social media is on the rise. This includes posting to websites including, Facebook, Twitter and others that allow virtually unrestricted access to individuals to post comments, commonly referred to as blogging. Additionally, personal blogs are more commonplace today. As work is a significant part of an individual's life, employers frequently find their organizations mentioned on an employee's personal blog. Employee blogging about an employer can lead to a variety of issues, including divulging trade secrets belonging to the employer and customers, and harassing co-workers. An employer is faced with the challenge of protecting its legitimate business interests while balancing the employee right to freedom of speech and the right to freely express employee views as well as engage in protected concerted activity under Section 7 of the National Labor Relations Act (NLRA). An effective blogging policy should balance these needs and help protect an employer from any resulting liability.