Can you discipline employees for social networking offenses?
Answer: It depends.
Explanation: Frittering away time, disclosing patient records, bad mouthing the practice and other offenses are grounds for discipline when they occur “off line.” So why should it make a difference if employees do these things online while social networking?
In theory, it shouldn’t.
The problem, of course, is that the HR laws were forged in a different era and haven’t yet caught up with the realities of social networking.
Eventually they will. But until then, you face the challenge of applying 20th century employee discipline rules to 21st century employee misconduct.
One of the biggest challenges of discipline for social networking is that it so often takes place after work at the employee’s own home.
While an employer generally doesn’t have authority over employees after the shift, off-duty conduct can be grounds for discipline if it undermines the employment relationship and/or impairs the employee’s ability to do the job.
Courts and arbitrators have upheld disciplinary actions for conduct outside of the workplace that:
- Harms the employer’s reputation;
- Interferes with the employee’s ability to perform job duties;
- Creates a situation where other employees won’t work with the employee;
- Violates the law and thus affects the company’s reputation;
- Constitutes insolence or insubordination; and
- Interferes with the company’s management of its operations or workforce.