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Social Media in the Workplace is Both a Blessing and a Curse

Release Date: November 12, 2010

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For more information, please contact Scott Horton at 716.843.3949 or shorton@jaeckle.com.

While online social networking websites may have initially targeted high school and college students, they have rapidly expanded to all demographics. More importantly, they’ve reached even the largest corporations and a broad array of smaller companies and not-for-profit organizations of all shapes and sizes. Today businesses from Wall Street to Main Street have established presences in social media.

Some professional uses for social networking are obvious: marketing, networking, communication. But virtually every aspect of modern business has felt the impact of the social media revolution, including recruiting, training, and product development. Simply put, very few organizations can afford to ignore this tidal wave of the future present.

Perhaps the most appealing hallmark of social media is the cost, which is generally perceived as nominal for most applications. However, in addition to tangible operating expenses and assorted opportunity costs, the proliferation of social media also imposes new or heightened threats to the litigation budget. Like it or not, when it comes to social media, the law still matters.

For better or worse, employees can cause the same type of trouble for themselves or their employers through social media as they can through other channels. In fact, the peculiar aspects of social media may exacerbate the frequency and severity of the problems.

The following are several areas in which social networking poses serious legal risks:

Harassment: The prevalence of social networking has not (yet) changed the terms of anti-harassment laws. However, it has created new forums in which harassment can occur. Of paramount concern is the informality generally associated with social networking communications. Moreover, comments made on the Internet are usually stored in some form or another for an extended period of time, potentially leaving easily recoverable evidence of wrongdoing.

For more information regarding the implications of social media in the workplace, please contact Scott Horton at 716.843.3949 or shorton@jaeckle.com.

This article has been prepared by the Labor and Employment attorneys at Jaeckle Fleischmann & Mugel, LLP and is intended for general information purposes only and should not be considered legal advice. You are urged to contact an attorney concerning any specific questions you have relating to your own situation.  © 2010. All Rights Reserved.  Jaeckle Fleischmann & Mugel, LLP.  Buffalo, NY