
OK. So, I’m soliciting input on an issue that came up recently in my class on “social media for managers,” regarding a social media policy implemented by a small financial services company. First, let me say that I am a proponent of company social media policies, as I believe it provides necessary guidelines for employees and actually frees them up to use social media when they understand the do’s and don’ts in their company. Second, I also recognize that financial services (like healthcare) have some unique regulatory requirements not faced by other companies, so it gets a bit touchier in this industry.
So, here is the policy:

1) Employees are not to use LinkedIn for any purpose. If employees are currently using LinkedIn, they must cancel their account.
2) Employees may use Facebook, but they can be randomly “spot checked” by the designated compliance manager, at which point the employee must login to their Facebook account and allow the manager to look through the contents.
My question is not whether this social media policy is a good idea (I’m a social media professor, after all, my opinions should be obvious), but whether such a policy is actually legal.
I do know that employers actually do own an employee’s email data, and can monitor an employee’s email address as they see fit. I see the logic here. The employer owns the computer used by the employees, the servers the email reside on, and the domain address to which the email is sent. Thus, the employer owns the data.
I also am perfectly fine with a policy that prohibits social media use on company computers and/or company time (at least from a legal perspective, I don’t think it’s a good or even enforceable policy), as the company owns the computers and pays the employee for his or her time so they can set the parameters for these resources.
But, this policy seems to go beyond what the company can legitimately claim control for. The employer does not own the computers if the employee accesses social media from their personal computer or mobile device, owns neither the servers nor the software that houses the data, and is not paying the employee for their time when not working.
I can see why firms would want to keep employees off LinkedIn, as it is a major source of employees being recruited away. Nevertheless, LinkedIn also does have other legitimate business purposes and I suspect it will become increasingly influential on employee’s careers. Yes, companies often fire employees if they find out they are actively looking for a job, but can a company legitimately say that an employee is not allowed to ever have a resume? That seems like a policy that restricts an employee’s ability to make a living, does the employer guarantee this employee a job for life? If not, it seems that the employee should at least be allowed to remain professionally active so that when the time does come to leave the company that they can have a viable career.
The Facebook decision seems on even less solid ground to me. I’m fine with employers being on Facebook, and holding employees accountable for information posted there if/when it affects the workplace (see some examples here and here). If you friend your boss and then post something derogatory about him/her you should be fired. But requiring employees to allow the employer to look through the employee’s account seems somewhat overly intrusive. I’m not sure I see the difference between that and the employer tapping the employee’s phones, looking through personal email accounts, or going to one’s house and reading the employee’s mail. It seems to go too far.
As I noted earlier, I certainly don’t think this is a good social media policy. To be fair, I also don’t think the company is trying to be intrusive or evil, but they don’t fully understand social media and are simply trying to what they can to protect themselves from liability. But, can social media policies actually intrude on an employee’s civil and legal rights? Although I mocked this perspective somewhat in my last post, does an employee have the right to use social media on his or her personal time and personal hardware without involvement from the employer?
I honestly do not know, and I solicit some insight so that I can share it with my class.