Published by JP on 29 Feb 2008
Your Fired - Legal issues with employers and blogging
As I was scanning through my RSS feeds the other day, I ran into this blog post from this poor guy who got canned from CNN. I’m sorry he lost his job. Apparently, CNN has rules about any writing done for a “non-CNN outlet” must be run through the network’s standards and practices department. I’m sure California is an at-will state so they could fire him for having green eyes. Unless, green eyes is a protected class of people. He actually had created a blog and wasn’t running his content through CNN. Oopsies… What started to go through my mind centered around if my company had such policies. I don’t work for a media company like CNN, so I wouldn’t think my employer would care. Well, I am checking into any policies the company might have, just to be sure. At the urging of good friend, I searched for some information on legal issues with employers and their employees blogging. I found this article at the ibls.com site very informative. It highlights for areas of trouble for bloggers:
- Defamation Claims
- Harassment Claims
- Economic Damages to Employers
- Disclosure of Confidential Information
Seems reasonable enough. Don’t say things that are false and a unprivileged statement of fact that is harmful to someone’s reputation. Don’t make statements about people at work that can be construed as sexual harassment or create a “hostile” work environment. People shouldn’t do that stuff at work so they probably shouldn’t do that in a blog either. I don’t think that means you can’t talk about coworkers. I do in my blog and will continue to, but I usually want to discuss issues or situations, not attack someone personally. Attacking people, what good would that do anyway? Don’t disclose confidential or proprietary information. Again, things you shouldn’t do at work, don’t do it in a blog. It seems relatively simple. Though nothing legal is ever simple. I did also find this guide from the folks very useful at the Electronic Frontier Foundation (EFF).
Part of one of the statements on the ibls.com page is what really worries me.
an employer may also be liable for an employee’s defamatory private blog
The article crafts this around some specific circumstances. What I don’t understand is how what I do on my own time opens my employer up to being sued. They can’t control my actions outside the office. Maybe one of the three people who may read this posting is a lawyer and as some understanding they can convey. I am all about being educated in these matters. Though these days, just being my employer maybe enough for them to get sued. Lots of litigious folks out there.
I understand that the things I do and say while “on the clock” means I represent my employer and they have some liability for what I say and do. This though thread leads me down a related tangent. If I am a salaried employee, legally how is my “on the clock” defined. If I’m shopping at the grocery store on the weekend and “harass” someone and they find out who I work for, can they sue my employer? (I guess can anyone can sue anyone for any reason?) I think I’m looking for legal culpability. Here is one that seems even more gray to me. If I’m getting on a plane to fly somewhere on Sunday for a work assignment in another city and I do something “wrong” at the airport or on the airplane, does my employer have any grounds to terminate me? Not that they can’t terminate for those green eyes I mentioned before. I just wonder what happened to the world when the things you say and do not only gets you in trouble but gets your employer in it too. When did employers who don’t have anything to do with what you say and do on your own time become liable for you?
I shall post an update once I find out what (if they have one) the company policy on blogging is.




