Five social media issues for employers lawyers

614
-1

Published on

Published in: Business, News & Politics
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
614
On Slideshare
0
From Embeds
0
Number of Embeds
2
Actions
Shares
0
Downloads
5
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Five social media issues for employers lawyers

  1. 1. Six Social Media Issues for EmployersLawyersDan MichalukOsgoode PDP – Employment Law 2011December 12, 2011
  2. 2. Six Issues for Employers Lawyers• Issue 1 – Use for hiring purposes• Issue 2 – Off duty conduct• Issue 3 – Use on behalf of the company• Issue 4 – Ownership of accounts• Issue 5 – Attacks by the aggravated outsider• Issue 6 – Evidence preservation in practiceSix Social Media Issues for Employers Lawyers
  3. 3. 1. Use for hiring purposes• Law • If privacy legislation does not apply, then right to collect is unlimited • If privacy legislation does apply, then the necessary collection rule may bind • In any event, human rights considerations require checks through a careful processSix Social Media Issues for Employers Lawyers
  4. 4. 1. Use for hiring purposes• Practice • Consider notification (review applicable statutes) • Look for objective, relevant information • Not the decision-maker • Report in writing • Verify the accuracy • Preserve the report on the hiring fileSix Social Media Issues for Employers Lawyers
  5. 5. 2. Off duty conduct• Law • Duty of fidelity applies when employee expression is likely to negatively affect a legitimate employer interest • All other activity is “private” • The analysis is contextual, norm-defining • “Conversation” is the metaphor people use for social media communications, but the law sees social media communications as plain old publication – see Leduc v. RomanSix Social Media Issues for Employers Lawyers
  6. 6. 2. Off duty conduct• Practice • Go beyond a policy, have a internal communication campaign (see Victoria DOJ video) • Tell them you will treat publications to friends as publications to the worldSix Social Media Issues for Employers Lawyers
  7. 7. 3. Use on behalf of the company• Risks • Too many employers are not controlling the employees who speak on their behalf • Risk 1 – Public affairs disaster • Risk 2 – Representation gives rise to liability • Risk 3 – Wage and hours claimSix Social Media Issues for Employers Lawyers
  8. 8. 3. Use on behalf of the company• Practice • Most important policy rule – you don’t speak on our behalf unless we tell you • Second most important policy rule – if you speak on your own and people may be confused, you must use a disclaimer • Then, deputize your non professional communicators… train them… control them by using a “streetlight” frameworkSix Social Media Issues for Employers Lawyers
  9. 9. 4. Ownership of accounts• Ownership • For accounts that are… • …company created • …company branded • …maintained by paid employeesSix Social Media Issues for Employers Lawyers
  10. 10. 4. Ownership of accounts• Practice • If there’s any question about who will own it, give a clear written direction to the password holder • Password control is essential… re-take control before having any kind of tough talk • Don’t go to war with a departed employee he/she owns the followers in heart… they’ll just follow him elsewhereSix Social Media Issues for Employers Lawyers
  11. 11. 5. Attacks by outsiders• Law • You have a duty to provide a safe and harassment free workplace (OHSA, HR Codes) • When this duty is engaged, a takedown effort will not necessarily be required to discharge the duty • You don’t have a recognized duty to help vindicate an employee’s reputation (Tipple)Six Social Media Issues for Employers Lawyers
  12. 12. 5. Attacks by outsiders• Practice • Tell managers not to react and over-promise • Message carefully – don’t take responsibility for reputational harm • Deal with the impact in the workplace and refer to sources of personal assistance (EAP) • Tell them to get independent legal adviceSix Social Media Issues for Employers Lawyers
  13. 13. 6. Evidence preservation in practice• Who? Not external counsel• What? The full context• When? Immediately, periodically• How? • Printouts are probably okay (browser or screen cap) • Signed, dated and time stamped by hand • Record information about relevant links between pagesSix Social Media Issues for Employers Lawyers
  14. 14. Dan Michaluk 416-864-7253 daniel-michaluk@hicksmorley.com Twitter - @danmichaluk http://ca.linkedin.com/in/danmichaluk http://www.allaboutinformation.caSix Social Media Issues for Employers Lawyers
  15. 15. Six Social Media Issues for EmployersLawyersDan MichalukOsgoode PDP – Employment Law 2011December 12, 2011
  1. A particular slide catching your eye?

    Clipping is a handy way to collect important slides you want to go back to later.

×