Web logs in the workplace:
Where do you draw the line?

03/05/07

Web logs, or online diaries, have exploded in popularity. Online search firm Technorati.com is tracking 52.3 million web logs (commonly referred to as “blogs”) from around the world, with more being added every day. Unfortunately, bloggers have found themselves in the unemployment lines for a variety of blogging-related causes, including criticizing a company product, revealing confidential information or even outright cyber-smearing their employers. But blogging is a relatively new area in workplace law. What are the rules when it comes to the millions of employee-bloggers in the workforce? When does an employer have disciplinary recourse?

The rules

Generally, an employer can expect a degree of loyalty from an employee. This loyalty extends into nonworking hours, as well. Furthermore, although the First Amendment protects a worker’s freedom of expression against government interference, the Constitution does not require you to keep the worker on the payroll regardless of what he or she writes on a blog. Last, unless the individuals are covered by a contract, most workers are considered “at will” employees, who may be fired for any reason not specifically prohibited by law.

But be careful

Workers using blogs as an organizing tool may be protected by the National Labor Relations Act, as are any workers blogging for mutual protection or support — even if they are not in, or forming, a union. Depending on the circumstances, authors of critical blog posts may be protected by whistleblower laws. In addition, certain states may prohibit employers from terminating employees based on political activity, including political expression in blogs. Some states and cities protect workers from being disciplined for any nonwork-related actions. (Consult your legal counsel for more information.)

In any case, you’ll want to establish a clear company blogging policy to put in your company handbook.