The familiar informal conversations around the office water cooler have largely disappeared from today’s corporate world. That’s because they have mostly migrated online, where social media websites have swiftly assumed the role of a virtual water cooler. Social media has become a modern medium for casual discussion, colleague camaraderie and, at times, embittered commentary. With nearly 700,000 Facebook updates and 100,000 tweets per minute, according to business intelligence firm Domo, social media should be an enormous concern for every employer. However, several questions have posed obstacles to employers interested in creating a social media policy. First, who owns social media content? Does ownership remain with the author of the post or does control pass during the process of publishing? Second, what obligations follow from an employer’s social media policy? Said differently, can employers discharge or discipline employees for their posts without violating labor and employment laws? These questions require close attention as their answers continue to evolve.
Ownership of Social Media Communications
The average social media user looks to social networking websites as a vehicle for building connections and a channel for self-expression. Yet few, if any, users would view these sites as cyberdiaries secure from the public’s prying eyes. In fact, everyday social media users often develop an automatic internal censor that is activated for specific topics the user individually deems inappropriate for sharing. However, the distinction between a privately owned social media sanctuary and a semipublic website is still unclear.
