Social Media Postings Can Be a Minefield

The advent of social media has changed how
companies interact with their employees, customers,
and colleagues. Changes have been mostly welcome,
opening up market channels and leveling the field for
small- and mid-size businesses, who now have access
to the same platforms as larger enterprises. Businesses
can introduce new products, make timely announcements,
and target their marketing efficiently and often
at a lower cost. However, the fast-paced nature of social
media can be a minefield for the unprepared. Here are
examples of common ways that businesses can be
blindsided by social media postings,
along with some best practices on
handling them.

The disgruntled ex-employee
now has a public megaphone to air
grievances, justified or not. If a post is
clearly a rant, a company may do
nothing and hope that third parties
will recognize the vent for what it is. If
a post has false or defamatory information,
management may post a
short targeted response. Responding
carries the risk of bringing additional
attention to the original post and carrying
on a public conversation about internal issues. So
a company’s response should be carefully crafted to be
factual, limited to the issues raised, and professional in
tone. If a post includes incendiary statements, or if it
discloses proprietary company or client information, a
company can have the post removed. Platforms such as
LinkedIn make it easier to do so, although almost all
have a process for reporting a post or having one
reviewed for inappropriate content. Companies can
also demand that the employee cease publishing false,
confidential, or defamatory statements. Note that
certain types of employee speech and activity are protected
by the National Labor Relations Board, including
discussions between employees about the terms and
conditions of employment, and management must be
careful not to illegally stifle that protected speech.

The socially active employee might post his/her
inappropriate, unprofessional, or worse, illegal behavior,
which can immediately affect a company’s brand.
Google the name of any fast food franchise with “employee
posts” after the name, and a variety of posts will
appear on employees in compromising positions with a
company’s products or on the job. Viral posts like these
can quickly cause long term damage to any brand.
Companies can definitely control what employees do
or post during business hours and can also
regulate any postings about the company and its
customers. Off-hours conduct is more complicated to
regulate. At a minimum, companies should institute
policies to make sure employees don’t talk about the
company, its clients, or other sensitive information on
any public forum, without company consent. Employee
handbooks and personnel policies should include restrictions
on social media activity that aligns with the
company’s business needs. Businesses should also
provide proactive employee training
on how their off-duty conduct and
postings can impact a company’s image
and brand even if it is unrelated to
the company or their day jobs.

An unhappy customer or supplier
might use the company’s own social
media pages to air their complaints.
Companies must closely monitor activity,
known as “social listening,” and
respond in real time to negative posts.
Most platforms allow the owner of the
page to edit or remove posts, but it is
better to respond rather than delete, to
address the concerns that have been raised. As with
ex-employees, responses should be made as quickly as
possible, and be short, accurate, and professional. A sincere
apology or offer to handle a problem can go a long
way in diffusing a difficult situation. Keeping up with
social media activity about your company may require
the services of a public relations firm or dedicated employee
who has been given the authority to respond
without a long approval process.

Social media has shifted the landscape of
communications, giving us all the ability to be in close
and constant contact with our stakeholders—but there
are daily examples of how businesses have mishandled
or ignored a social media issue, to their detriment. Each
business must have a strategy to address the various
problems that can arise online before they cause
irreparable damage to its reputation.


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Business Insights is hosted by the Law Firm of KPPB Law (www.kppblaw.com).
Sonjui L. Kumar is a founding partner of KPPB Law, practicing in the area of corporate law and governance.
Disclaimer: This article is for general information purposes only, and does not constitute legal, tax, or other professional advice.


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