You Said What About Us Online???

Originally published by kennedyhealthlaw.

Social media is a part of our daily lives. Most people have at least a Facebook or Twitter account. Many have both. In addition, there are many popular blogging sites like Blogger, Word Press, Tumblr, etc. There are also discussion sites like Reddit where you can find a forum for just about anything imaginable. A health care provider/company may also have its own company social media pages.  For example, while we are not a provider, our law firm has a Google+ Page, a Facebook account, a Twitter account, a daily e-paper, two blogs, and a website.

With all the different outlets of expression on the Internet, your employees may be writing or blogging about your company.  Management may have even fostered such efforts, either directly or indirectly.  Whether use of social media by the employee is proscribed by the company or not, it is a good idea to have policies and procedures in place for your employee’s use of social media when saying anything about the workplace or a related matter using electronic means.

In several instances around the country, employees have been terminated for writing/texting about work related situations.  Of course, the comments placed the subject company or its management in an unfavorable light; however, your employee and possibly your company may be liable for slander or defamation if the comments were untrue.  Any author of such comments holding a license may suffer repercussions with licensing boards for unprofessional conduct or unethical practices if the comments rise to a level that makes the governing board takes interest. The company may also face an investigation from the Office of Civil Rights if protected health information of a patient or patients is disclosed online. For reference, a disclosure of phi would be deemed a breach.

Having policies and procedures to guide your employees will give the employees parameters to work within when using their ever-present electronic gadgets.

As with all policies and procedures, they should be well thought out such that the company does not impose unreasonable limitations on the employee’s first amendment rights, while at the same time protecting the interests of the company and its reputation.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

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