Social Media Dilemma – A Question of Ownership

In this day and age of social media, many organisations encourage their employees to set up social media accounts with personal elements built in.  Particularly for those employees who work in recruiting, marketing or PR, this can be part of their job to build up a presence on Twitter or Facebook and develop their LinkedIn contacts.

Over a period of time these contacts have been built up and a lot of time has been invested by the employee.  They can be full of clients and potential clients and therefore a valuable asset.  But the combination of business and personal posts often collide in the social space, creating a minefield of potential social media problems.

However, what happens to these accounts or contacts when the employee moves on and changes jobs?  Can an employee take their contacts with them and presumably use them?  These issues arise when an organisation attempts to assert ownership rights believing that since the employee was paid to build up the accounts and contacts, they belong to the organisation.  However, it may not be so clear cut and can depend on a number of things and it is definitely an evolving legal issue particularly around LinkedIn.

In a recent 2013 decision by the Fair Work Commission (FWC) in Bradford Pedley v IPMS Pty Ltd T/A peckvonhartel [2013] FWC 4282, the FWC upheld an architecture company’s decision to dismiss an employee after it was discovered that he had attempted to solicit his employer’s clients through LinkedIn in an attempt to develop his own business.  This is only one example of the many issues that are evolving.

Some things for businesses to consider:

• Develop social media policies relevant to your industry, culture and values
• Policies need to be stated in employment contracts
• Training and education of staff about social media is essential
• Set up accounts that belong to the role rather than the individual
• Work as a team as this will provide the best outcomes

Employers need to deal with the implications of a complex digital footprint to manage the risks to their business.  There are no simple answers; however, business must be practical as well as proactive.

What social media policies does your organisation have?

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Tags: Social Media Education • Social Media Ownership • Social Media Policy • Social Media Risks