Running Head: Employee Use Of Internet At Work: Policy Proposals 1 Employee Use Of Internet At Work: Policy Proposals 10 INTRODUCTION This paper talks more about the policy proposals about the use of internet at work. It surveys the possible torts that employees who use the internet could commit. It looks at the possible crimes that could be perpetrated by employees who use the internet at work. These crimes will be indicated as to whether they are white collar or blue collar. The liability of the corporation versus the responsibility of the individual employee through the commission of torts or crimes using the internet at work will be analyzed. Further analysis of whether violations of the duty of care or duty of loyalty could exist through the use of social media sites at work will be given. It explores the employee privacy rights that exist regarding the use of internet at work. The employment laws that protect the employee or employer on the utilization of the web at work will be discussed. The possible torts that can be committed by employees through the utilization of the web include obstruction of justice. This happens where the government is investigating as an aspect of the company’s operations and staff decides out of motives of loyalty or self-preservation to cover things up. They can cover things up through hiding or destroying documents. This can amount to obstruction of justice and can multiply the consequences to the company of the original misconduct. Many materials are held electronically, and any obstacle will likely use the company’s technology. Another tort that can be committed by employees is copyright violations. This happens when employees create and distribute multiple copies of protected material more than fair use using employer’s technology. This can lead to suits by the owner of the copyrighted material. Sabotage is another tort that can be committed by employees. This is mostly done by a disgruntled employee or former employees with technical expertise to create disruption which could last for some time and cause economic losses. Sabotage can happen through stealing information or maliciously publicizing it or deleting or overwriting company files. Another way of sabotage by deletion could be saving deliberately of documents that intend to be destroyed under a document retention program whether maliciously or otherwise. Fraud is another common tort that may be committed by employees. Through the use of technology, employees can penetrate company operations and commit offenses like embezzlement, defrauding the company and corruption of business records. Misconduct due to fraud can be prematurely recognizing revenue, overvaluing goodwill, managing earnings and other accounting malpractices, self-dealing by the management and giving and accepting kickbacks for orders. A significant tort that may be committed by employees is the misappropriation of trade secrets. This is possible because they a ...

1. Running Head: Employee Use Of Internet At Work: Policy
Proposals
1
Employee Use Of Internet At Work: Policy Proposals
10
INTRODUCTION
This paper talks more about the policy proposals about the use
of internet at work. It surveys the possible torts that employees
who use the internet could commit. It looks at the possible
crimes that could be perpetrated by employees who use the
internet at work. These crimes will be indicated as to whether
they are white collar or blue collar. The liability of the
corporation versus the responsibility of the individual employee
through the commission of torts or crimes using the internet at
work will be analyzed. Further analysis of whether violations of
the duty of care or duty of loyalty could exist through the use of
social media sites at work will be given. It explores the
employee privacy rights that exist regarding the use of internet

2. at work. The employment laws that protect the employee or
employer on the utilization of the web at work will be
discussed.
The possible torts that can be committed by employees
through the utilization of the web include obstruction of justice.
This happens where the government is investigating as an aspect
of the company’s operations and staff decides out of motives of
loyalty or self-preservation to cover things up. They can cover
things up through hiding or destroying documents. This can
amount to obstruction of justice and can multiply the
consequences to the company of the original misconduct. Many
materials are held electronically, and any obstacle will likely
use the company’s technology.
Another tort that can be committed by employees is
copyright violations. This happens when employees create and
distribute multiple copies of protected material more than fair
use using employer’s technology. This can lead to suits by the
owner of the copyrighted material. Sabotage is another tort that
can be committed by employees. This is mostly done by a
disgruntled employee or former employees with technical
expertise to create disruption which could last for some time
and cause economic losses. Sabotage can happen through
stealing information or maliciously publicizing it or deleting or
overwriting company files. Another way of sabotage by
deletion could be saving deliberately of documents that intend
to be destroyed under a document retention program whether
maliciously or otherwise.
Fraud is another common tort that may be committed by
employees. Through the use of technology, employees can
penetrate company operations and commit offenses like
embezzlement, defrauding the company and corruption of
business records. Misconduct due to fraud can be prematurely
recognizing revenue, overvaluing goodwill, managing earnings
and other accounting malpractices, self-dealing by the
management and giving and accepting kickbacks for orders.
A significant tort that may be committed by employees is

3. the misappropriation of trade secrets. This is possible because
they are kept in electronic format. The employer’s greatest risk
to computer security comes from current and former employees
who deliberately or inadvertently disclose confidential or
sensitive information to additional parties. Company secrets can
include a formula, pattern, compilation, program, device,
method or process that gives independent economic value from
not being known by other persons who can obtain economic
benefits from its disclosure or use.
Harassment and threats are other torts that may be
experienced by employees. Sexual harassment is done through
the use of technology in the workplace. An employee can send
emails to other coworkers which contain information rife with
sex innuendos which are wrong. Another offense is viewing
child pornography in the workplace because many believe that
the authorities are not likely to track their illegal activities.
(Dexter, 2007).
Blue collar crimes are those crimes that are more physical
and violent in nature when being committed. White collar
crimes, on the other hand, refer to crimes that are perpetrated by
employees due to abuse of the internet, and they are not
physically violent. From all the above crimes mentioned, they
can be classified in the white collar crimes since they are not
physical and they involve an employee using the internet to
create harm. These crimes do not hurt anyone physically, but
they hurt the company’s finances and reputation to some extent.
Under the ‘respondent’ superior law, employers are legally
responsible for the actions of their employees. This rule only
applies when the employee is acting under the responsibilities
granted by the employment. For example, if an employee during
his course of duty knocks down a pedestrian accidentally, the
company will be liable for the damage and will take care of all
the medical bills. The primary purpose of constituting this law
is to ensure employers are held responsible for the costs of
doing business. If the crime committed is among the risks of the
business the company will have to accept all legal

4. responsibility. This law is also used in offenses committed via
the internet while on company time. If inappropriate emails or
content are shared in the workplace, the employer should be
entirely responsible for consequences of the crime. If the
employee committed the internet crime outside working hours
and using personal equipment, then the responsibility is upon
the employee for such actions and not of the company they
work.
There has been a debate on whether employees are
supposed to use social networks at the workplace. Some
individual employees should use social media in dispensing
their duties like the marketing teams, but a question pops up on
whether all employees should have access to these sites while at
the workplace. Many companies believe that not all employees
should have access to these locations while other argue that
social media use at work gives employees an opportunity to
share their work with others. Although an employer does not
have the right to monitor employee’s private communication,
they have a duty to take effective measures to stop the co-
employee harassment. This is when the employer knows or has a
reason to know when such harassment is being held in the
workplace or settings related to the workplace. If an employer
encourages an employee to engage in copyright infringement,
the owner of the copyrighted material can claim contributory
infringement against the company. An employer can be held
accountable if they have knowledge of infringing conduct and
help the employee do it, had knowledge of the direct employee
infringement or participates substantially in the offense. On the
part of the employee, it is criminal to access a computer without
authorization and as a result, cause internet crimes. It is also a
violation to knowingly and with intent to defraud a company
through accessing its protected computer without authorization.
(Totten, 2004).
The duty of care is a requirement that a person acts
towards others and the public with watchfulness, attention,
caution, and prudence that a reasonable person in the

5. circumstances would use. Whether the individual does not
perform to this standard, the actions are considered negligent,
and any damages resulting can be claimed in a lawsuit for
negligence (Legal Dictionary - Law.com, 2017).
The duty of loyalty has a principle that directors and other
officers of an organization in making decisions in their
capacities as corporate fiduciaries must act without personal
economic interest or conflict. This duty is breached by making a
self-interested transaction or taking a corporate opportunity
(Duty of Loyalty, 2017).
Violations of duty of care and duty of loyalty can exist in
the use of social media in the workplace. One can use social
media in the workplace to tarnish the image of other people or
engage in activities that are not morally acceptable. An
employee can comment on individual issues about different
things which can cause uproar along the interwebs which may
be considered negligence leading to service of lawsuits.
Under the common law, a person privacy may be invaded
an unreasonable intrusion upon his or her seclusion, an
appropriation of his or her name or likeness, public disclosure
of private facts and public portrayal of the person in a false
light. Among these privacy concerns, the most common tort
likely to be committed by an employer while conducting
research is an intrusion upon seclusion. Intrusion upon
seclusion is intentionally intruding upon the solitude or
seclusion of another, which is an invasion of privacy if the
intrusion would be highly offensive to a reasonable person.
Activities carried out by an employee using an employer’s
computer system are unprotected by personal privacy laws.
Emails sent using company computer systems are considered as
company property.
Employers have the right to monitor and view employee
email as long as they have a strong business for doing so.
Employers have the right to track websites visited by their
employees, block employees from visiting certain sites or limit
the amount of time an employee may spend on a particular

6. internet site. Employers often use electronic surveillance
practices to keep tabs on employees and business operations.
However, this monitoring has some legal limits. An employer
may not monitor personal phone calls even those that made
using telephones on work premises. An employer can monitor a
personal call only if an employee knows the particular call is
being monitored and consents to it. An employer is also legally
liable if they read, disclose, delete or prevent access to an
employee’s messages (“Privacy in the Workplace: Overview –
FindLaw,” 2017).
According to the federal electronic communications
privacy act, an employer provided system is the property of the
company. This means that companies who submit their
employees with a computer and free internet access are free to
monitor things that one does with the computer and the internet
access provided. This comes right when an employer gives an
employee a written policy regarding the monitoring of the use
of equipment. Although some federal laws and state laws make
it illegal for employers to intercept private email, employers
may monitor emails from the work email address provided or
watch any email stored on the work computer. Employees are
protected by law in cases where they use their devices and
personal emails. Personal data and devices can only be
monitored by the employer after notifying the employees. A
federal law, the electronics communications privacy act of 1986
prohibits unauthorized interception of or access to electronic
communication, including telephone, email, and computer
usage. It only applies to the usage of personal devices (USA
Employee Monitoring Laws: What Are Employers Allowed and
not Allowed Doing in the Workplace? 2017).
The policy the CEO should adopt targeted to the directors
is that they should come up with suggestions of how to
assemble an internal team of information technology or
information security experts, attorneys, media relations
employees and human resources professionals to help deal with
criminal conducts of the company’s technology. The

7. information technology or information security personnel will
be able to respond to a breach or compromise of the company’s
systems and help in investigating any misconduct. They will
also contribute to rectifying the problem as soon as possible.
The attorneys and human resource professionals will be
consulted in any investigation or during a search of an
employee’s workspace including his electronic gadgets of work
or before terminating an employee. They may also act as
invaluable conduits with local authorities. Media relation
employees will collaborate with the press in dissolving harmful
exposure in case of any incidents concerning internet crimes.
The policy targeting the workers should be that the
business related work should be performed by a company owned
computer at all times to allow access to the contents contained
therein. Any job that is not carried out in the office should also
be done on a company owned equipment like a using a laptop
(Totten, 2004).
The business judgment rule is a legal principle that makes
officers, directors, managers, and other agents of a corporation
immune from liability to the corporation for loss incurred in
corporate transactions that are within their authority and power
to make when sufficient evidence demonstrates that the
transactions were made in good faith (Business Judgment Rule,
2017). If this rule is invoked, it will play a huge role in
enforcing the policy directed by the directors to come up with
suggestions on how to add employees who are responsible for
information technology, media relations, and human resource
issues. This is because each of the employees will play their
role in determining whether the misconduct of the director or
employee was done out of good faith or on personal interests.
These professionals will explore each opportunity at their
disposal due to their high level of professionalism and get to the
bottom of the matter hence unveiling the right intention.
Some remedies in regards to crimes committed via the
internet are that the employers should develop and distribute a
company policy to all employees regarding employer’s

8. electronic property services. This will ensure that none of the
employees can claim malice against them in case they are
caught up in internet misconducts. It is the duty of the employer
to educate and train all staff about the seriousness of
committing crimes through the use of the organization’s
technology. The employer should also state the level of
authority each employee has in accessing specific locations,
documents and files on the company’s computer system or
network. All direct managers should regularly monitor and
search the employee’s computers to determine whether they are
downloading copyrighted materials or engaging in the non-
business related conduct. The company policies regarding
downloading and uploading copyrighted materials, using the
internet and email and using any of the employer’s technology
should be strictly enforced. This will reduce claims of
harassment and vicarious liability. After the termination of any
employee, they should be denied access to the company’s
network or computer system. If the employee is assigned a
password, the employer must ensure the password is no longer
valid. In the case of a termination, the employer should only
state whether they will hire or rehire the employee without
disclosing any other information (Totten, 2004).
The ethical issues that may arise in the workplace due to the
implementation of the policies are that the company will face a
challenge protecting their interests through monitoring while
ensuring they do not go so far that the employees lose their
privacy in the workplace. Employers will establish respect for
employee’s privacy by creating a written policy that defines
acceptable uses for company computers. Internet monitoring
could be a breach of privacy when the employees are not given
a written notice on the appropriate use of company computers
and the employer’s right to monitor activities done via the
internet. The employers can be sound and ethical by controlling
the use of internet at the workplace for business related reasons
only (Burks, 2017).

9. References
Burks, F. (2017). Ethical Issues & Employer Monitoring
Internet Usage. Smallbusiness.chron.com. Retrieved 30
June 2017, from http://smallbusiness.chron.com/ethical-issues-
employer-monitoring-internet-usage- 12617.html
Business Judgment Rule. (2017). TheFreeDictionary.com.
Retrieved 30 June 2017, from http://legal-
dictionary.thefreedictionary.com/Business+Judgment+Rule
Dexter, D. (2007). Employee Misuse Of Employer’s
Technology. San Francisco.
Duty of Loyalty. (2017). LII / Legal Information Institute.
Retrieved 30 June 2017, from
https://www.law.cornell.edu/wex/duty_of_loyalty
Legal Dictionary - Law.com (2017). Law.com Legal Dictionary.
Retrieved 30 June 2017, from
http://dictionary.law.com/Default.aspx?selected=599
Privacy in the Workplace: Overview - FindLaw (2017).
Findlaw. Retrieved 30 June 2017, from
http://employment.findlaw.com/workplace-
privacy/privacy-in-the-workplace- overview.html
Totten, J. (2004). The Misuse Of Employer Technology by
Employees to Commit Criminal Acts. Capitol Mall, Suite 3000.
USA Employee Monitoring Laws: What Are Employers Allowed
and not Allowed Doing in the Workplace?. (2017).
Worktime.com. Retrieved 30 June 2017, from
https://www.worktime.com/usa-employee-monitoring-
laws-what-can-and-cant- employers-do- in-the-workplace/
Section 4- Internet, E-mail, Computer, and Cell Phone Usage
0. POLICY
The use of XYZ Inc., Inc/ XYZ Inc. automation systems,
including computers, fax machines, and all forms of
Internet/intranet access, is for company business and for
authorized purposes only. Brief and occasional personal use of

10. the electronic mail system or the Internet is acceptable as long
as it is not excessive or inappropriate, occurs during personal
time (lunch or other breaks), and does not result in expense or
harm to the Company or otherwise violate this policy.
Use is defined as "excessive" if it interferes with normal job
functions, responsiveness, or the ability to perform daily job
activities. Electronic communication should not be used to
solicit or sell products or services that are unrelated to the
Company's business; distract, intimidate, or harass coworkers or
third parties; or disrupt the workplace.
Use of Company computers, networks, and Internet access is a
privilege granted by management and may be revoked at any
time for inappropriate conduct carried out on such systems,
including, but not limited to:
1. Sending chain letters or participating in any way in the
creation or transmission of unsolicited commercial e-mail
("spam") that is unrelated to legitimate Company purposes;
1. Engaging in private or personal business activities, including
excessive use of instant messaging and chat rooms (see below);
1. Accessing networks, servers, drives, folders, or files to which
the employee has not been granted access or authorization from
someone with the right to make such a grant;
1. Making unauthorized copies of Company files or other
Company data;
1. Destroying, deleting, erasing, or concealing Company files or
other Company data, or otherwise making such files or data
unavailable or inaccessible to the Company or to other
authorized users of Company systems;
1. Misrepresenting oneself or the Company;
1. Violating the laws and regulations of the United States or any
other nation or any state, city, province, or other local
jurisdiction in any way;
1. Engaging in unlawful or malicious activities;
1. Deliberately propagating any virus, worm, Trojan horse, trap-
door program code, or other code or file designed to disrupt,
disable, impair, or otherwise harm either the Company's

11. networks or systems or those of any other individual or entity;
1. Using abusive, profane, threatening, racist, sexist, or
otherwise objectionable language in either public or private
messages;
1. Sending, receiving, or accessing pornographic materials;
1. Becoming involved in partisan politics;
1. Causing congestion, disruption, disablement, alteration, or
impairment of Company networks or systems;
1. Maintaining, organizing, or participating in non-work-related
Web logs ("blogs"), Web journals, "chat rooms", or
private/personal/instant messaging;
1. Failing to log off any secure, controlled-access computer or
other form of electronic data system to which you are assigned,
if you leave such computer or system unattended;
1. Using recreational games; and/or
1. Defeating or attempting to defeat security restrictions on
company systems and applications.
Using Company automation systems to access, create, view,
transmit, or receive racist, sexist, threatening, or otherwise
objectionable or illegal material, defined as any visual, textual,
or auditory entity, file, or data, is strictly prohibited. Such
material violates the Company anti-harassment policies and
subjects the responsible employee to disciplinary action. The
Company's electronic mail system, Internet access, and
computer systems must not be used to harm others or to violate
the laws and regulations of the United States or any other nation
or any state, city, province, or other local jurisdiction in any
way. Use of company resources for illegal activity can lead to
disciplinary action, up to and including dismissal and criminal
prosecution. The Company will comply with reasonable requests
from law enforcement and regulatory agencies for logs, diaries,
archives, or files on individual Internet activities, e-mail use,
and/or computer use.
Unless specifically granted in this policy, any non-business use
of the Company's automation systems is expressly forbidden.
If you violate these policies, you could be subject to

12. disciplinary action, up to and including dismissal.
Ownership and Access of Electronic Mail, Internet Access, and
Computer Files; No Expectation of Privacy
The Company owns the rights to all data and files in any
computer, network, or other information system used in the
Company and to all data and files sent or received using any
company system or using the Company's access to any computer
network, to the extent that such rights are not superseded by
applicable laws relating to intellectual property. The Company
also reserves the right to monitor electronic mail messages
(including personal/private/instant messaging systems) and their
content, as well as any and all use by employees of the Internet
and of computer equipment used to create, view, or access e-
mail and Internet content. Employees must be aware that the
electronic mail messages sent and received using Company
equipment or Company-provided Internet access, including
web-based messaging systems used with such systems or access,
are not private and are subject to viewing, downloading,
inspection, release, and archiving by Company officials at all
times. The Company has the right to inspect any and all files
stored in private areas of the network or on individual
computers or storage media in order to assure compliance with
Company policies and state and federal laws. No employee may
access another employee's computer, computer files, or
electronic mail messages without prior authorization from either
the employee or an appropriate Company official.
The Company uses software in its electronic information
systems that allows monitoring by authorized personnel and that
creates and stores copies of any messages, files, or other
information that is entered into, received by, sent, or viewed on
such systems. There is no expectation of privacy in any
information or activity conducted, sent, performed, or viewed
on or with Company equipment or Internet access. Accordingly,
employees should assume that whatever they do, type, enter,
send, receive, and view on Company electronic information
systems is electronically stored and subject to inspection,

13. monitoring, evaluation, and Company use at any time. Further,
employees who use Company systems and Internet access to
send or receive files or other data that would otherwise be
subject to any kind of confidentiality or disclosure privilege
thereby waive whatever right they may have to assert such
confidentiality or privilege from disclosure. Employees who
wish to maintain their right to confidentiality or a disclosure
privilege must send or receive such information using some
means other than Company systems or the company-provided
Internet access.
The Company has licensed the use of certain commercial
software application programs for business purposes. Third
parties retain the ownership and distribution rights to such
software. No employee may create, use, or distribute copies of
such software that are not in compliance with the license
agreements for the software. Violation of this policy can lead to
disciplinary action, up to and including dismissal.
0.
CONFIDENTIALITY OF ELECTRONIC MAIL
As noted above, electronic mail is subject at all times to
monitoring, and the release of specific information is subject to
applicable state and federal laws and Company rules, policies,
and procedures on confidentiality. Existing rules, policies, and
procedures governing the sharing of confidential information
also apply to the sharing of information via commercial
software. Since there is the possibility that any message could
be shared with or without your permission or knowledge, the
best rule to follow in the use of electronic mail for non-work-
related information is to decide if you would post the
information on the office bulletin board with your signature.
It is a violation of Company policy for any employee, including
system administrators and supervisors, to access electronic mail
and computer systems files to satisfy curiosity about the affairs
of others, unless such access is directly related to that

14. employee's job duties. Employees found to have engaged in
such activities will be subject to disciplinary action.
0. ELECTRONIC MAIL TAMPERING
Electronic mail messages received should not be altered without
the sender's permission; nor should electronic mail be altered
and forwarded to another user and/or unauthorized attachments
be placed on another's electronic mail message.
Policy Statement for Internet/Intranet Browser(s)
The Internet is to be used to further the Company's mission, to
provide effective service of the highest quality to the
Company's customers and staff, and to support other direct job-
related purposes. Supervisors should work with employees to
determine the appropriateness of using the Internet for
professional activities and career development. The various
modes of Internet/Intranet access are Company resources and
are provided as business tools to employees who may use them
for research, professional development, and work-related
communications. Limited personal use of Internet resources is a
special exception to the general prohibition against the personal
use of computer equipment and software.
Employees are individually liable for any and all damages
incurred as a result of violating company security policy,
copyright, and licensing agreements.
All Company policies and procedures apply to employees'
conduct on the Internet, especially, but not exclusively, relating
to: intellectual property, confidentiality, company information
dissemination, standards of conduct, misuse of company
resources, anti-harassment, and information and data security.
Personal Electronic Equipment
The Company prohibits the use or possession in the workplace
of any type of camera phone, cell phone camera, digital camera,

15. video camera, or other form of image- or voice-recording device
without the express permission of the Company and of each
person whose image and/or voice is/are recorded. Employees
with such devices should leave them at home unless expressly
permitted by the Company to do otherwise. This provision does
not apply to designated Company personnel who must use such
devices in connection with their positions of employment.
0. SOCIAL MEDIA POLICY
At XYZ Inc.we understand that social media can be a fun and
rewarding way to share your life and opinions with family,
friends and co-workers around the world. However, use of
social media also presents certain risks and carries with it
certain responsibilities. To assist you in making responsible
decisions about your use of social media, we have established
these guidelines for appropriate use of social media.
This policy applies to all associates who work for XYZ Inc.or
one of its subsidiary companies in the United States (XYZ
Inc./XYZ Inc.).
Supervisors and supervisors should use the supplemental Social
Media Management Guidelines for additional guidance in
administering the policy.
Any employee who violates the Company’s social media
provisions may be subject to disciplinary action, up to and
including termination. Additionally, violations may result in
criminal prosecution, reimbursement of expenses incurred as a
result of the violation and additional legal action.
0. GUIDELINES
In the rapidly-expanding world of electronic communication,
social media can mean many things. The term "social media"
includes all means of communicating or posting information or
content of any sort on the Internet, including to your own or
someone else's web log or blog, journal, or diary, personal web
site, social networking or affinity web site, web bulletin board,

16. or a chat room, whether or not associated or affiliated with XYZ
Inc.as well as any other form of electronic communication.
The same principles and guidelines found in XYZ Inc.policies
and three basic beliefs apply to your activities online.
Ultimately, you are solely responsible for what you post online.
Before creating online content, consider some of the risks and
rewards that are involved. Keep in mind that any of your
conduct that adversely affects your job performance, the
performance of fellow associates or otherwise adversely affects
members, customers, suppliers, people who work on behalf of
XYZ Inc.or XYZ Inc.legitimate business interests may result in
disciplinary action up to and including termination.
XYZ Inc.reserves the right to monitor all public blogs and
social networking forums for the purpose of protecting its
interests and monitoring compliance with Company policies. If
you have a problem with a policy of the Company or something
that is happening with the Company, please speak to someone
about it to see if the issue can be resolved internally instead of
posting it on the internet. What you post about your personal
activities on the internet may be used to make personnel
decisions. If activity is found to be compromising or
insubordinate, the Company may require cessation and removal
of any detrimental commentary or postings.
0. KNOW AND FOLLOW THE RULES
Carefully read these guidelines, the XYZ Inc.Statement of
Ethics Policy, the XYZ Inc.Information Policy, and the
Discrimination & Harassment Prevention Policy, and ensure
your postings are consistent with these policies. Inappropriate
postings that may include discriminatory remarks, harassment,
and threats of violence or similar inappropriate or unlawful
conduct will not be tolerated and may subject you to
disciplinary action up to and including termination.
Be respectful
Always be fair and courteous to fellow associates, customers,

17. members, suppliers, or people who work on behalf of XYZ
Inc.Also, keep in mind that you are more likely to resolved
work-related complaints by speaking directly with your co-
workers or by utilizing our Open Door Policy than by posting
complaints to a social media outlet. Nevertheless, if you decide
to post complaints or criticism, avoid using statements,
photographs, video, or audio that reasonably could be viewed as
malicious, obscene, threatening, or intimidating, that disparage
customers, members, associates, or suppliers, or that might
constitute harassment or bullying. Examples of such conduct
might include offensive posts meant to intentionally harm
someone's reputation or posts that could contribute to a hostile
work environment on the basis of race, sex, disability, religion,
or any other status protected by law or company policy.
Avoid the use of profanity, or expressing yourself in a lewd or
otherwise inappropriate manner. Individuals who know you and
know that you work for the Company shape their opinion of the
Company based on what they see of you both in and out of the
workplace. Once you publish information on the internet it may
be difficult if not impossible to retrieve it.
BE HONEST AND ACCURATE
Make sure you are always honest and accurate when posting
information or news, and if you make a mistake, correct it
quickly. Be open about any previous posts you have altered.
Remember that the Internet archives almost everything;
therefore, even deleted postings can be searched. Never post
any information or rumors that you know to be false about XYZ
Inc.fellow associates, members, customers, suppliers, and
people working on behalf of XYZ Inc.or competitors.
Post only appropriate and respectful content
1. Maintain the confidentiality of XYZ Inc.trade secrets and
private or confidential information. Trade secrets may include
information regarding the development of systems, processes,
products, know-how, and technology. Do not post internal
reports, policies, procedures, or other internal business-related

18. confidential communications.
1. Respect financial disclosure laws. It is illegal to
communicate or give a "tip" on inside information to others so
that they may buy or sell stocks or securities. Such online
conduct may also violate the Insider Trading Policy.
1. Do not create a link from your blog, website, or other social
networking site to a XYZ Inc.website without identifying
yourself as a XYZ Inc.associate.
1. Express only your personal opinions. Never represent
yourself as a spokesperson for XYZ Inc.If XYZ Inc.is a subject
of the content you are creating, be clear and open about the fact
that you are an associate and make it clear that your views do
not represent those of XYZ Inc.fellow associates, members,
customers, suppliers, or people working on behalf of XYZ Inc.
If you do publish a blog or post online related to the work you
do or subjects associated with XYZ Inc. make it clear that you
are not speaking on behalf of XYZ Inc.It is best to include a
disclaimer such as "The postings on this site are my own and do
not necessarily reflect the views of XYZ Inc."
USING SOCIAL MEDIA AT WORK
Refrain from using social media while on work time or on
equipment we provide, unless it is work-related as authorized
by your Supervisor or consistent with the Company Equipment
Policy. Do not use XYZ Inc.e-mail addresses to register on
social networks, blogs, or other online tools utilized for
personal use.
RETALIATION IS PROHIBITED
XYZ Inc.prohibits taking negative action against any associate
for reporting a possible deviation from this policy or for
cooperating in an investigation. Any associate who retaliates
against another associate for reporting a possible deviation from
this policy or for cooperating in an investigation will be subject
to disciplinary action, up to and including termination.

19. MEDIA CONTACTS
Associates should not speak to the media on XYZ Inc.behalf
without contacting the doctor. All media inquiries should be
directed to them. If you have questions or need further
guidance, please contact your Compliance Officer.
Employee Use of Internet At Work: Policy Proposals
Your consulting services have been requested by the CEO of a
Fortune 500 company. The CEO is concerned about the use of
the internet at work and employs your consulting services to
discuss her concerns. Primarily, she is concerned that
employees might be abusing the internet and is wondering what
repercussions the company might face in a variety of legal
areas, specifically with respect to the legal environment of
business, ethics, and human resources issues. She is also
concerned with preventing abuse of the internet at all levels,
from low-level employees to the Board of Directors.
She requests a memo from you regarding:
1. Possible torts that could be committed by employees who use
the internet at work
2. Possible crimes that could be committed by employees who
use the internet at work (and indicate whether the crimes are
white collar or blue collar)
3. Liability of the corporation versus liability of the individual
employee through commission of torts or crimes using the
internet at work
4. Whether violations of the duty of care or duty of loyalty
could exist through use of social media sites at work
5. Employee privacy rights or concerns that exist regarding use
of the internet at work
6. Employment laws that protect the employee or the employer
with respect to use of the internet at work.
Identify two policies that this CEO could put in place to curb
the potential for abuse of the internet at work, with one policy

20. that addresses low-level employees and one policy that is
targeted for the board of directors. Keep in mind the business
judgment rule with respect to the latter policy and discuss
whether it might ever be invoked to enforce or ignore such a
policy. Articulate your ideas on how to remedy the issue of
corporate malfeasance that occurs through abuse of the internet
at work. Proffer some clear recommendations to the CEO about
how to improve overall corporate governance by reducing the
potential for abuse of the internet at work.
You must also clearly address ethical issues that arise regarding
your policies; note that ethical issues might exist on behalf of
the employee if your policies are not utilized, but ethical issues
might exist on behalf of the employer if the polices are
implemented.
The CEO intends to pass along this memo to other employees in
the company who might not have a strong understanding of
these concepts. Thus, you are also requested to clearly explain
and define the legal concepts you raise. She also is concerned
about offending employees with policy suggestions and requests
you keep this in mind with your suggested policies.
This issue exists in many companies and corporations, so you
are encouraged to research outside sources for data supporting
policies to reduce abuse of the internet at work. Demonstrate
critical thinking by analyzing, evaluating, and interpreting
appropriate policies to provide an original perspective to
enhance corporate legal and ethical environs as they relate to
use of the internet at work.
You are expected to convey complex ideas in a clear, concise
and organized fashion, using the required and recommended
readings from the course for analytical support.