4 elements of your social media policy that may be illegal

Provisions in social media policies that effectively put gag orders on employees or that force them to say they’re not speaking on behalf of the country might not hold up in court.

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A study from Proskauer, a business-focused law firm, revealed that companies routinely take action against employees for their behavior on social media platforms, even when it’s their own account used on their own devices on their own time.

Although the infractions that prompted the disciplinary action may have been consistent with the companies’ social media policies, the policies themselves could be illegal. It’s time for companies to revisit their social media policies.

According to the Proskauer report, more than 70 percent of companies reported taking disciplinary measures over misuse of confidential information (80 percent), misrepresentation of the company’s views (71 percent), inappropriate non-business use of social media (67 percent), and disparaging remarks about the business or fellow employees (64 percent).

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