By: Walter J. Liszka, Esq.

Since Facebook has become the largest of all online social networks (estimated with over 500,000,000 active users worldwide), it is becoming one of the most difficult entities to control in the workplace. While employers can take the position of no involvement whatsoever with regard to their employees' use of Facebook, this is quickly becoming analogous to an ostrich sticking its head in the sand and hoping the potential problem goes away - it will not. Every day, the potential of a problem involving Facebook and your employees becomes greater. But what is an employer to do - ban the use of Facebook at its facilities; allow its use only for business purposes; or give its employees free rein to use it at their whim?

Before you make a choice as to how to deal with Facebook, consider the following:

Complete Ban: If you choose to completely ban or block Facebook on your intranet sources, you certainly won't be losing employee work time in pursuing Facebook inquiries. But you will in all probability create a wave of resentment, potential morale problems, and even the possibility of employees checking Facebook on their own Smartphones while hiding under their desk, in lavatories, hallways, etc. Banning Facebook is not a viable option and does not allow an employer much control over this potentially invasive tool.

Business Use: Allowing access for employees with a legitimate business reason and advanced written permission would have the potential to cut out a lot of wasted time and control access. This may be the preferable option for certain businesses (i.e. advertising, consultants, headhunters, etc.) who can find uses of Facebook as an adjunct to enhance their business opportunities.

Facebook Access with Guidelines: This is the preferable option for employees and potentially for employers as well. It is an option if you very clearly outline in your company policies that the use of Facebook should not interfere with job performance and employees must police themselves with regard to time, access and commentary. It must be clearly stated that if employees are spending too much time on Facebook, which can be a detriment to their work, you will address this issue under job performance discipline.

Regardless of whether employees are using company equipment or their own equipment to access Facebook, you can and must require that they do this on a professional basis:

Under no circumstances should employees use company e-mail addresses when signing up for their personal Facebook accounts. This can create an impression of company sanctioning of comments, etc.

Under no circumstances should employees give the impression that they are acting as employees of or representatives of their employer. It is also strongly advised that if employees identify themselves, they should have a clear disclaimer that their opinions, as stated on Facebook, are theirs and theirs alone and do not represent the company's ideas or positions.

Remind and re-enforce with employees that there is an absolute prohibition of the dissemination or discussion of confidential and proprietary information on any Facebook account. Also, they should be reminded that comments about any work-related issues (i.e. jobs they are performing, length of time they are required to spend on jobs, etc.) are completely inappropriate.

Should you allow your employees to use company equipment to access Facebook, they must avoid any links or attachments unless they are absolutely clean, uninfected, and business-appropriate. Make sure they also understand that any comments they make on Facebook have no expectation of privacy when using company equipment and are always accessible by the company. Also make absolutely certain they understand that should they post any inappropriate comments with regard to a business or their fellow employees, they are subject to disciplinary action based on harassment and discriminatory policies of the company.

Facebook itself is not the enemy. Like any other business tool, it must be used correctly and within the guidelines established by you as the employer.

Contact any Wessels Sherman attorney to discuss questions regarding this subject.