The Guide To Creating A Kick-A$$ Company Policy

tHe guide to creating a kick-a$$ coMPany Policy
Social Media:
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[Warning: cHeesy Joke aHead.]
Whos there?
Venice who?
(Insert the drum roll for cheesy jokes here). Okay, dumb joke about social media (courtesy of ConstructingSocial.com). Hilarity aside, the importance of social media is no joke and businesses realize its potential impact. Customers expect businesses to stay in the conversation and, with the help of cutting-edge analytics like Oneupwebs ROSI trax, companies can now measure and analyze conversions and return on investment from such social media actions as Facebook Likes, Twitter retweets, Google +1s and Pinterest Pins. Social media is quickly becoming an integral part of business operations and its integrated digital marketing strategy. Social media blunders, however, are comedic gold for just about everyone except the business itself. And, in addition to being on the short end of an embarrassing joke, a social media faux pas can expose a business to a myriad of legal and financial troubles (think banana peels or pies to the face, but with consequences measured by damaged brands and lost dollars). A comprehensive social media policya set of mandatory guidelines for employees or agents of the business who are engaging in a companys social media strategyhelps avoid a proverbial social media pie-to-theface and may insulate the company from potential liabilities. But where to begin?
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Part One
look Before you leaP: social Media Pitfalls

it takes years to Build a rePutation and only a feW seconds to ruin it.
His words are especially true in the age of digital media; albeit now it may only actually require fractions of a second to ruin a reputation when all a person must do is hit a send or submit button to publish his thoughts to the world. And, unlike being in Vegas, there is no What happens in social media, stays in social media mantra. Your business needs to consider the potential pitfalls of social media before gambling on the potential ROI your efforts can earn. The following is a small list of potential social media pitfalls.
Warren Buffet once said
Pitfall #1: Unduly Restricting or Monitoring Your Employees Social Media Use Can
Dramatically Impact Your Business Ideally, you want your employees to play nice, represent themselves in a professional manner and generally act with honesty and integrity. In reality, this is not always the case. A knee-jerk reaction could be to completely ban all social media activity or to gag employee speech about workplace practices and concerns. You may even decide to monitor employee activity to ensure compliance with the ban/gag-order. But lets face the facts: employees are using social media and the line between their professional and personal lives continues to blur. Further, such a drastic step will likely cause a stir with various employment law agencies, including the National Labor Relations Board (NLRB), the regulatory
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agency responsible for applying the National Labor Relations Act (NLRA). The NLRA is a federal statute that applies to union and non-union employers alike. Under the statute, employees have a right to engage in protected concerted activity, which includes being able to convene and discuss workplace issues, such as wages and working conditions. Two employees conversing via social media about workplace conditions may fall within the NLRAs ambit. If you take action against those employees, the NLRB could initiate an investigation of your employment practices and issue a complaint against your business. Likewise, monitoring social media activity can get you into trouble. In at least one case (Piertrylo v. Hillstone Restaurant Group, a New Jersey decision from 2009), an employer who asked for and obtained a password to view a private message board created by employees to gripe and vent was found to be in violation of the Stored Communications Act (18 U.S.C. 2701 et seq). Improperly accessing social media properties may not only run afoul of the SCA, but also the Computer Fraud and Abuse Act and the Digital Copyright Millennium Act, among other statutes, especially if you must request a third-party service to divulge information stored on its servers (according to the Institute for Continuing Legal Education).
Pitfall #2: Unfair AdvertisingYoure Closer Than You Think

Lets assume you have no bad-egg employees and business is great: morale is up, everyone has bought into the company and genuinely likes what they do and what the business produces. This is all fine, of course, until an employee regularly gives his good friend one of your products to sample and that friend routinely likes to blog about it. Even if the blogger genuinely likes the product, the Federal Trade Commission (FTC) could find that such action constituted unfair advertising if the blogger failed to disclose his connection between your company and the product. The FTCs endorsement guides require advertising messages to contain disclaimers if the message could be considered a sponsorship between the advertiser and the speaker.
Dont judge me!
Pitfall #3: Unfair Hiring Practices

Social media is a great marketing tool, but human resources departments routinely check applicant social media profiles and activity when making hiring decisions. What results if your hiring director discovers information about an applicant that he/she would not be allowed to discover during the interview process (such as the applicants age, race, religion, marital status,
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etc)? Next, assume the applicant is denied a position within your company. While the hiring directors decision may not have been based on an improper factor (such as the applicants religion or marital status), that applicant could attempt to construe it as an unfair hiring practice, ask for discovery regarding your companys hiring policies and generally create a legal mire, entrenching the business in time consuming and expensive litigation trying to prove the applicants claim was baseless.
Pitfall #4: Vicarious Liability

Generally, an employer is responsible for the actions and conduct of its employees. This is known as vicarious liability; the wrongful act of one is attributable to another, if there is an agency relationship, such as the employer-employee relationship. Vicarious liability may apply in many different contexts. For example, if one of your employees uses social media and infringes on third party intellectual property rights (such as a copyright) or makes defamatory comments about a third party, that third party could file suit against you, alleging you were responsible for your employees acts. Social media use is potentially tortious in a number of different areas: an employee who tweets that someone was fired for insubordination is potentially tortious (public disclosure of embarrassing private facts), as is lying about the company product line to lure in more customers (misrepresentation) or disparaging your competitors name (unfair competition).
Pitfall #5: Damaged Business Interests

In addition to the above, your business interests may suffer in other ways. Disclosure of trade secrets or confidential information is a risk. As soon as the information enters the public forum, any confidential or secrecy attached to it disappearsinformation worth millions could lose all value in an instant if inadvertently disclosed. Social media may also create public relation disasters. Consider the Dominos Debacle in 2009: a YouTube video showed two employees fouling food and performing particularly unappetizing acts that quickly garnered over one million views in just two days. Damage control efforts are INFORMATION expensive and time consuming. You can limit and reduce the potential damage from social media pitfalls by drafting a social media policy and consistently enforcing it.
WORTH MILLIONS COULD LOSE IN ALL VALUE
AN INSTANT
05
Part Two
drafting tHe Policy
Part ii: drafting tHe Policy

There is no perfect, all-encompassing social media policy; each company needs to consider the goals and objectives of its social media strategy, the corporate culture and the extent to which the company is comfortable with employees engaging in social media activity while on the job. Then, the company must dissolve those considerations into a tangible, easy-to-use document. Clearly, the policy should prohibit employees from disclosing confidential or proprietary information and it should prohibit egregious conduct, such as prohibiting explicit sexual references, use of profane or obscene language and illicit drug use. It should also describe any chain-of-command procedures for reporting negative comments or creating new accounts.
additional considerations:
strike a balance between regulation and education. Your social media policy should not only contain clear instruction as to what social media usage is and is not acceptable, it should also explain the reasoning behind the regulations and educate the employees about the importance of following a specific rule.
do not threaten or use coercive language.

While the policy may (and should) prohibit certain activity (like using vulgar or defamatory language), you want to avoid discouraging protected activity (such as the employees right to discuss working conditions).
tailor the policy to meet your needs and to suit your companys culture.
Seek input from your social-media-savvy employees. This not only helps solidify company policy, message and stance, it creates solidarity between the employees and the management and helps lead to a mutually beneficial and fair policy.
clearly define who owns the social media properties.

Corporate accounts, like a corporate Twitter or Facebook page, should be and remain the property of the company, even if the employee managing that account leaves the business.
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leave room for improvement.

Technology is ever changing, and what worked today may not be suitable tomorrow. Further, a fully comprehensive policy may not be necessary; you could, for example, only draft policies covering specific types of social media activity, such as an Employee Blogging Policy or a Procedure to Report Negative Comments and add other policies as necessary.
Make it interesting.
Your policy need not be mere words on paper. For example, you could create a pamphlet or booklet to hand out, containing pictures, infographics, etc. Social media is conversational by nature and your policy can easily reflect that with a little creativity.
designate official spokespersons and carefully delineate the responsibilities

between a general employees use of social media and the spokespersons use. For example, you could require all general employees to forward negative or disparaging remarks to the spokesperson, who has a clear set of guidelines (defined by you) to respond to the negative comment.
designate a compliance and/or policy officer whose time is devoted to

handling and monitoring social media efforts.
Have your social media policy reviewed by a legal professional to ensure it

complies with relevant employment and labor laws.
POWERFUL PR MASTER
Included in the Appendix is a sample outline for a social media policy. Use it as a guide to help create your own policy, but understand that drafting these documents is not easy.
08
Part Three
iMPleMentation and enforceMent

Part iii. iMPleMentation and enforceMent

Drafting a policy is only half the battle. Once youve finished the document, it must be implemented and subsequently enforced. Employees must be notified about the policy and given a chance to read it. You should provide a copy of the policy to each employee and ask the employees to read the guide and sign an acknowledgement form indicating they have read and understand the document. Next, the policy needs to be enforced and managed. Like other workplace policies, apply the policy equally and consistently to all employees. Depending on the scope and complexity of your businesss social media policy, it may help to devote one employee or even part of a department purely to managing and monitoring social media activity. You can devote staff time and effort, but outsourcing your social media efforts may be an effective cost-savings measure. With your social media policy in place, you can focus your efforts on more important things, like sharing interesting news feeds, videos of kittens being kittens or cheesy knock-knock jokes. Just be sure to comply with your policy and keep it work-appropriate.
Social Media
SHERIFF
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Appendix
saMPle outline for a social Media Policy

social Media Policy of [Business naMe]

i. oVerVieW
Comments: In the overview, explain the company philosophy behind implementing a social media policy. Example: People use social media to stay in touch with friends and family, to discuss hot button issues and to share preferences, opinions and ideas. Participating in the online conversation is of vital importance, but [Company name] is also committed to ensuring that we participate in online social media the right way. When you use social media, your words could be attributable not only to your personal character and reputation, but also to your employer. To better educate and illustrate the right way to use social media, we have developed this social media policy. Its purpose is to encourage you to engage in social media at the level in which you feel comfortable, but also to remind you to always use your best judgment and common sense.
ii. guidelines
Comments: Your guidelines are the company expectations as to what an employees social media activity should consist of. It should be a list of acceptable behavior, such as requiring the employees to exercise judgment and common sense before posting, think before sending anything and always make it clear that their views do not necessarily represent those of the employer. It should also stress the importance of protecting and keeping proprietary information confidential and reiterate the importance of being truthful, honest and transparent. Tip: Use bullet points to handle the most common concerns in a social media policy. The most common concerns include requiring good judgment and common sense, always keeping the company culture and intended audience in mind and how to handle negative or disparaging comments. Consider requiring your employees to include a disclaimer in their bio or about section of the profile that their views may not necessarily reflect the views of your business. Example: Be Transparent. Whenever you write about the company, one of its products or services, or one our competitors, be open and honest about who you work for. Disclose that you work for the company, but reiterate that your views do not necessarily represent those of the company.
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iii. unaccePtaBle BeHaVior

Comments: Whereas your guidelines define and flesh out acceptable use of social media, you also need to be clear about what your company will not tolerate. In the Unacceptable Behavior section, explain the potential harms that may result from damaging the companys reputation or otherwise exposing it to legal or financial liability. List the prohibited behavior for clarity and to avoid confusion. Example: Avoid simply stating Dont say anything you wouldnt say in front of your mother. Its an attempt at lightheartedness, but its so subjective, employees have no clear bearing on what is prohibited. List the items you want to avoid, such as Do not use ethnic slurs, profanity, insults or harassing language.
OH NO YOU DIDNT!
Word of Caution: While employers would like to believe their employees are happy and appreciative of their job, some backbiting and water-cooler gossip is a natural part of running a business. Your policy should not prohibit protected activity, such as banning talk about wages or employment conditions.
iV. creation and oWnersHiP of neW accounts

Comments: If you intend to allow employees to use corporate social media accounts for marketing or other company purposes, you must clearly spell out the procedure for creating and managing the account. This includes addressing concerns over ownership, passwords and destruction of these corporate accounts. Tip: Tailor this section to address specific concerns as they relate to specific social media properties. For example, the procedure to establish a corporate Facebook page is more involved and requires more attention than a Twitter account.
V. security and Protocol

Comments: Social media may involve a number of security concerns. Use this section to address issues associated with password protection (including periodic changes of corporate passwords) and to highlight risks associated with malicious software or computer viruses. Depending on how your company uses social media, you may also need to address how to handle personal information either given (by your employees) or received (by customers interacting with your social media accounts). As such, this section should comport with your businesss privacy policy. Additionally, cover the relevant protocol employees should use when addressing social media concerns, such as reporting negative commentary or changing account settings.
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Word of Caution: Be mindful of employees leaving the company and be sure to update your security measures (including changing password and access codes) to avoid situations where a disgruntled employee goes rogue and sabotages one of your social media properties.
Vi. additional resources

Comments: Use this last section to help point your employees to further resources or information they can use to better understand social media and its use. Here, you can direct readers to any Best Practices documents you have regarding social media or to other sources of information. Tip: Social media policies can be as comprehensive or as simple as you need them to be. Directing readers to outside resources or other internal documents (such as your companys standard operating procedures or privacy policy) helps cut down on the amount of information in the social media policy and gives you freedom to tailor the social media policy to suit your companys specific needs.
legal disclaiMer
The content provided herein is for informational purposes only. It does not provide legal advice. No warranty or guarantee is made of its accuracy. aBout oneuPWeB
Oneupweb has been an innovator in digital marketing for more than 16 years, creating integrated online marketing plans that incorporate Search, Social, Design and Mobile services. Heralded by an independent research firm for their leadership team, Midwestern work ethic and solid experience in optimizing complicated sites, Oneupweb has been named a Top 20 Search Marketing Agency by Advertising Age for five consecutive years, and CEO Lisa Wehr is recognized as an Ernst & Young Entrepreneur of the Year. The company publishes an award-winning blogStraightUpSearch, and an award-winning monthly newsletterThe Merge. Oneupweb is a privately held company located in Traverse City, Michigan. For more information on Oneupweb, please call 231.922.9977, visit OneUpWeb.com or follow them on Twitter @Oneupweb.
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tHe guide to creating a kick-a$$ coMPany Policy

[Warning: cHeesy Joke aHead.]

look Before you leaP: social Media Pitfalls

Warren Buffet once said

Pitfall #2: Unfair AdvertisingYoure Closer Than You Think

Dont judge me!

Pitfall #3: Unfair Hiring Practices

Pitfall #4: Vicarious Liability

Pitfall #5: Damaged Business Interests

WORTH MILLIONS COULD LOSE IN ALL VALUE

drafting tHe Policy

Part ii: drafting tHe Policy

do not threaten or use coercive language.

clearly define who owns the social media properties.

leave room for improvement.

designate official spokespersons and carefully delineate the responsibilities

designate a compliance and/or policy officer whose time is devoted to

Have your social media policy reviewed by a legal professional to ensure it

iMPleMentation and enforceMent

Part iii. iMPleMentation and enforceMent

saMPle outline for a social Media Policy

social Media Policy of [Business naMe]

iii. unaccePtaBle BeHaVior

iV. creation and oWnersHiP of neW accounts

V. security and Protocol

Vi. additional resources

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