Employee Website

MNJane · March 2003

We have an employee who has been posting his "opinions" about his coworkers on his website. While we don't believe he has posted any confidential information, his postings are causing quite a disruption at work and his coworkers are becoming increasingly upset. Can we force him to remove the information from his website or does he have the right to state his opinion? To the extent it is creating chaos at work, what action should we take?

HS · March 2003

Jane,

His own personal website that has nothing to do with work? I don't think there's anything you can do, unless he's abusing company time to update his personal website. Your employees could consult an attorney regarding their rights against defamation of character I would think. Grey area though. As an employer, I wouldn't get involved unless he's abusing company time or posting confidential information...even then, has he signed an agreement stating he wouldn't??

Keep us posted.

Moria · March 2003

Our Computer usage policy states that "...strives to maintain a workplace free of harassment and sensitive to the diversity of its employees. Therefore, we prohibit the use of computers and the E-mail system in ways that are disruptive, offensive to others, or harmful to morale." We also have a statement regarding solicitation of others for commercial ventures, religious or political causes or other non-business matters.

This is a hot issue for me right now, you may remember that I recently posted a question regarding using the E-mail to make political statements. Just to update you, we are going to discuss this in staff meeting tomorrow. Just a side, when I took it to the President of our organization, he too had began to sense that it had gone to far. It is nice to have that support.

Our hopes is that discussion in the staff meeting will be enough and no further action will be needed.

MNJane · March 2003

Moria,

Thanks for the feedback. We do have prohibitions on the use of computers and other electronic communication devices at work or using Company property. However, this involves an employee using his personal computer at home to post negative comments about his coworkers.

Moria · March 2003

I answered this assuming he was using the computer at work, if he is not I look to the other experts for direction. I would not think that you would have any control if he is doing this from home. Maybe a one on one discussion, but I would not think that you have any "bite", if that is the scenario.

Crout · March 2003

[font size="1" color="#FF0000"]LAST EDITED ON 03-06-03 AT 10:05AM (CST)[/font][p]This guy is not protected from the consequences of his actions. Have a meeting and advise him to remove the comments from his site NOW, or face disciplinary action. I am, of course, assuming that your place of employment is not government connected, and that the EE is not a Union member. If he is union, you can still take action, but it gets a little trickier, and will take more time. The bottom line is that his actions...no matter where it occurs... are hurting your business.

Whatever · March 2003

I disagree. I think the company can advise the employee of the result of his off the job actions. However, I would assume that the employee doesn't care. However, unless the employee is releasing confidential information, I don't know think you can do anything. Ergo, no point threatening disciplinary action. However, the employees he mentions on the website might want to consult an attorney.

Gillian · March 2003

I think that you can be a little more aggresive than what has been suggested, although it would be a good idea to contact an attorney. I don't think that this is any different than conduct outside the workplace which is causing disruption inside. You can deal with the disruption inside. At the very least, you someone should have a strong conversation with this individual about the risks of defamation of character and the $$ it will cost to defend.

Trinity · March 2003

Something to consider: What exactly is he defaming about the employees? Their character, ethics, politics? The reason I am asking is because in an indirect way he could be defaming the company as well, therefore giving you a reason to confront him. When he mentions their names, does he mention how he knows them, i.e. his job at your company? Then your company is being named in conjunction with disreputable things being said about employees and is a poor reflection on the workplace. It may be a loong shot, but worth looking into. Otherwise, the best course of action is to convince the employees to band together as individuals and seek legal counsel for defamation of character, invasion of privacy, etc.(I'm sure a laywer could come up with something!:0)

Don D · March 2003

I'm trying to decide.....what's the literal difference in what this guy does and the guy who leaves work at the end of the day and goes over to Chile's Bar & Grill and hefts down those tall boys for a couple of hours while he's loudly badmouthing everybody he works for and with. Both are unfortunate; but, I'm not sure how to deal with either, short of grabbing him by the collar for counseling, away from work of course.

HRsage · March 2003

And to Don's point, why do these people care what's on this website? It's a website not the wall street journal. And how are they finding the address to his website? Is he posting it in the office..check out [url]www..[/url] That's an easy fix. Are they being forced somehow to go to the website and see the postings? I'm sure people say plenty of stuff in their own homes about the company or even myself that I wouldn't want posted on a website but if it's not slander or defamation then so be it. Tell the people to get over it. Galileo discovered that the world revolves around the sun, not your employees. It's a rough day..

Trinity · March 2003

I see your points Don and HRsage, and there is the freedom of speech thing, but there is also the fact that people with websites and tabloids get sued (and successfully) all the time for defamation of character when they write down this stuff for the world to see. I know it may not be a big deal, but hey, if employees are that upset about it, there's no harm in them at least letting the guy know they are considering legal counsel for discussing them. Who knows, maybe he'll take them off not to chance it.
If not, then they can either continue with the attorney route, or get over it and get on with their lives.

Paul in Cannon Beach · March 2003

Have you viewed the website?

- Paul

Mike Maslanka · March 2003

interesting...there is a case in arizona where a husband and wife had a site showing them in marital bliss, if you catch my drift...one of their employers found out and fired the employee when he( i think it was the husband) refused to take it down...since he was a public employee,he sued saying the government agncy violated his first amendment right to free speech,something a private employer does not have to worry about...in any event,I agree with those who frame the issue not as whether this is done at work or not,but rather whether the conduct impacts the work place regardless of where it takes place...regards,mike

Hatchetman · March 2003

Check your state law. There may be provisions in it that prohibit an employer from otherwise discharging an employee for off the job conduct which is not illegal. I would either let it go or consult legal counsel for a careful assessment of whether or not you are able to hold the emplyee accountable for what he posts about co-workers on his own website.

I suspect he's doing it just to get the employees' "goats."

Employee Website

Comments