Social media has become a popular platform for communicating. Everyone from the government, to businesses, unions and individuals are finding social media to be an effective tool not just for communicating, but also for informing, promoting and organizing. In the public sector, social media has become an important open government tool for communicative exchange with the public it serves (Mergel, 2010). On social media platforms individuals are able express their thoughts, ideas, feeling and concerns about anything and everything. This however has become a very slippery slope in terms of labor relations. Frequently, employers learn of posted off-duty comments and photographs that are negative towards the business or they do not portray the proper image for their business. These posts on the employees pages tend to blur the line between work and off-duty activities in many occupational settings. Due to this unfiltered and unprofessional behavior we have had to include social media use into labor laws. Many arbitrators are beginning to hear employee misconduct cases involving the content of post on social media pages. In reviewing cases the NLRB has said that whether a conversation takes place on Facebook or at the water cooler, it is employees talking jointly about work conditions and they have the right to do that. This falls under their right to have “concerted activities”. This means that more than one individual must be involved and there must be some intent or
A growing hot topic, and cause for concern is the increasing use of social media in the workplace. The landscape for communication has changed, and the line between personal and professional communications has been blurred. How will your employer manage the risks associated with the use of social media and at the same time, gain the benefits that this media form provides? While many employers were initially concerned that employees would use company time and equipment for socializing with friends, they are quickly learning that many social networks can also be used directly for work purposes.
When looking for prospective employees, employers do not enjoy rifling through Facebook pictures of obscene pictures and statuses with crude language. Bad behavior of employees, even off the clock, made public by social media
According to a survey report done by the Kelly services with 170,000 people from 30 different countries, 55% of all the participants believe that the use of social media for both the personal and professional posts can cause problems in the workplace (Bennett, 2012). According to a study done by the proof point, many US companies that have hired the employees more than 1000 in number face a real problem with their employees to use social media (Ostrow 2009). Almost 17% of these companies had faced serious disrepute due to the offensive comments on the social media websites (Ostrow 2009). Almost 13% of the US companies have investigated the use of personal text messages that have been found to infringe the company’s law (Ostrow 2009).
The case that I have chosen for this case study is Hispanics United of Buffalo, Inc. & Carlos Ortiz, Case No. 3-CA-2787). In this case the NLRB reinstates five employees that were terminated for engaging in protected concerted activity on social media. Hispanics United of Buffalo involved several non-union employees who complained about a coworker on Facebook.
The regulations on social media policies limit the employer’s ability to place restrictions on the staff
These employees aired their frustrations on social media about the manager. The decision rendered in this matter was that Social media comments are protected concerted activity according to Section 7of National Labor Relations Act. Furthermore, because their postings were a continuation of the employees’ efforts to address concerns.
The NLRB has made findings regarding the use of employee posts on Social Media sites to discipline or terminate those employees. Typically these cases occur when an employee posts “negative” information about their current employer or boss. Sometimes these are “public” and other times the employer uses “spies” or “fake friending” to see the Facebook page of the employee.
NLRB found a way to reprimand or even fire employees based on social media posts. These can occur when an employee decides to post inaccurate or negative information about the person in charge or boss. These comments are usually public, or the employer will use a fake account to view the employees social media page. In 2010 a California Contractors worksite terminated four workers for posting comments on social media in regards to hazardous working conditions. The blog was posted in 2010 showing four employees commenting and exchanging pictures. The employees were expressing their concerns with social media how it was to work for this company. Three weeks later the four employees were fired. Their work place conditions were horrible. The four employees were not properly trained with the hazardous material they worked with but they were told to state at the worksite they were trained and certified to work with them. NLRB determined the blog was protected because the employees stated concerns about safety, (Protected Concerted Activity). A complaint was issued for the case to appear in court. The second day of court the company settled with the employees.
The purpose of this literary review is to enlighten my viewers of the importance of the ethical idea of companies crossing the lines of business with your personal life, when involving social media accounts. Most of my research has operated from the ATU library using the find it tool. Furthermost, the researched information use was from peer-reviewed research journal. I will discuss includes social media cons in the work environment, if it is ethical to get fired over a post, and laws that protect both parties. Social media includes an assortment of electronic communications—most commonly networking sites such as Facebook, LinkedIn, Myspace, Pinterest, Instagram, and the likes thereof. Social media also covers all forms of blogs, including Twitter (a micro-blog), wikis, online journals, diaries, personal newsletters, and World of Warfare and YouTube also are included under the umbrella term of social media (Lieber 2011).
According to Renee Fricks, vice president of human resources at Imperial Capital, “Your social media profile can be more revealing that your resume” (Cohen, 10). Social media has become a normal use of technology of an average college student. From Facebook and Twitter, there is a means of connecting students on diverse planes via the Internet. This allows employers to search any potential job candidate’s social media to investigate user’s posts to determine if they fit their position and hold themselves with high moral regard. If students do not monitor what they post, potential employers may be turned away because of inappropriate pictures, conversations, or other behaviors. Learning about proper social media uses can prevent qualified candidates from losing job opportunities.
Social networking sites such as Twitter or Facebook have created a new ethical dilemma for many businesses. Corporations, small businesses, and even universities are struggling create policies to manage their employees social networking behaviors. Social networking access, particularly for recruiters, can provide personal information about potential employees, which would otherwise not be available. A business must follow statutes and guidelines when disclosing information to the public. Individuals on social networking sites have no such constraints. Employees can and do make comments about their employers online. Employers can and do watch what employees post online. Any individual can send or post potentially damaging information
Social media has increasingly been on the rise for over the past 10 years, so has the concern on the effect of it being in the workplace. People are spending more and more time on social media and other communication technology (Walder). Because of this, researchers have begun to wonder what the effect will be in the workplace. The argument of social media in the workplace is on the rise, and will continue to grow as the Internet continues to transform the way people are spending their time (Carlson).
Almost everyone in developed countries, during this day and age, has social media accounts. There are many platforms of social media including but not limited to: facebook, twitter, instagram, snapchat, myspace, linkedin, etc… And there are many reasons for using these social media platforms such as: keeping contact with old friends and distant relatives, meeting new people and sharing life experiences with people around the globe, or stalking that cute girl at work but never making contact. Among these reasons, and many more is the controversial topic of whether job employers should be able to use of social media to look up applicants. I believe job employers have a right to look up potential employees because doing so would allow them to
The technology that is social media can be used for many good purposes, but you should always remember to not post “prejudice/racist comments, not to share confidential information and stay away from idiotic/rude comments” (Newstex. 2015) while you are on the job.
Social media can be too informative at times. Suppose you were looking for a job and applied but the chances of ever being hired were ruined because of what you post online. The fact that one can be chosen to be looked up and be reviewed on based on their beliefs. For example “someone applying to become the new head of a science department. The applicant had attended conferences on creationism and posted notes online. Someone from the steering committee saw them and voiced concerns and the applicant was turned down” (Fox 7). It creates a mindset of having to second guess what you post due to the possibility of it affecting you in the future. Even if you do get hired getting passed the screening there is still the employer’s awareness to posts that you may have to take into consideration. There is a chance of being terminated if you were to post something the employee may deem notable to consider letting you go. However