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1. FEATURE STORY:
ATTACK OF THE EMPLOYEE BLOGS!

When the employees of yesteryear needed to vent about a bad day or an obnoxious boss, they went to their local pub and shared their frustrations with whomever was in earshot. Today's employees log on to the Net and gripe in their blogs for an estimated 32 million Americans to read. With an average of 20,000 new blogs being created daily, is it any wonder an employer cringes upon learning that one of its employees is a blogger?

Employers' biggest blogging concerns are that employees will use their blogs to disparage the company or co-workers, post objectionable material/pictures, or divulge proprietary company information.

IBM was so concerned that, earlier this year, it unveiled blogging guidelines for its employees. The guidelines instruct employees to identify themselves (and, when relevant, their roles in the company) when blogging about IBM; make it clear that they are speaking on behalf of themselves and not the company; refrain from using ethnic slurs, personal insults, obscenities, etc.; and show proper consideration for topics that may be inflammatory, such as religion and politics.

If you don't already have similar guidelines in place, consider implementing them ASAP. You can craft a stand-alone blogging policy or add provisions to an existing electronic communications policy, as well as a behavior policy or an anti-harassment or anti-discrimination policy.

Disciplining a blogger who violates established guidelines will most likely withstand the blogger's accusation that you're stepping on his/her freedom of speech rights. But there is a "but" (isn't there always?!?).

While private employers have more leeway in regulating their employees' speech than do public employers (First Amendment), a private-sector blogger might find protection under the National Labor Relations Act (NLRA) or state laws. Specifically, blogs with anti-employer content may be considered protected concerted activity under the NLRA if the employee is complaining about wages or other terms and conditions of employment; also, some states protect employees' legal, off-duty activities. Merely disliking what an employee writes in a blog might not be enough to take action under such state laws.

So before making a move to blast a blogger, ask yourself the following questions.

• Is the employee blogging on company equipment? You have the right to restrict employees' personal use of company equipment.

• Is the employee blogging on company time? You also have the right to restrict employees' personal activities on company time.

• Was confidential or proprietary information divulged? No court would castigate you for making this a fireable offense.

• Does the blog contain company logos or trademarks? They're the company's property and under the company's control; employees do not have a right to use them for personal business.

• Does the blogger bad-mouth the company or its products/services, or otherwise cast the company in a negative light? For the most part, employment at-will is on your side for dealing with this type of behavior. And if the blogger slides into defamation territory, the law is definitely on your side.

Not All Blogging Is Bad

Company-sponsored blogs allow employers to open the lines of communication between customers, management, employees, the community, etc. Should your company decide to embrace blogging, pass these posting tips on to employees.

Don't: name clients, customers, co-workers, suppliers, etc., without first obtaining their approval; use words or a writing style that you wouldn't be comfortable having your manager see; post anonymously; make it sound like you are writing on behalf of anyone other than yourself.

Do: provide insights and information of value; admit if what you posted was wrong and correct any mistakes you might have made; write in the first person; state your name and role in the company.

AIMING TO PLEASE MISSES FAIR HIRING MARK

Customers are not always easy to please. While you have an obligation to provide satisfactory customer service, you are under no obligation to abide by...View the full story on our website.

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