Bosses Shouldn’t “Friend” Employees On Facebook

A new article in the National Law Journal describes the trend of bosses and employee’s “friending” each other on social networking sites like Facebook, to the consternation of employment lawyers everywhere.  Although popular, “friending” will tend to trigger or exacerbate liability for future discrimination and harassment lawsuits against the employer.  For example, if the boss “friends” some employees but not all of them, those left out might feel discriminated against or subject to a hostile environment.  Alternatively, the article notes, “a supervisor may learn from someone’s Facebook page that he or she belongs to a gay rights group. If the same employee is later fired for a performance problem, the employee could claim he or she were fired for being gay.”  And so on.

One lawyer recommended that companies update their policies on internal “friending” to a very simple standard: “Don’t do this.”

3 Responses to Bosses Shouldn’t “Friend” Employees On Facebook

  1. Arthur says:

    Interesting and valid comment regarding friending; but probably a better example of how conern for liability and manipulation of the law prevents normal activities and networking. I understand the logic from a legal point of view; but think it is flawed and not realistic. What do you do if you already friend someone and they end up working for you? What’s the difference if you friend someone off line verses online? If a boss takes one person out to lunch but not all, is this the same concept? Are you supposed to measure everything you do that carefully? Life is way too short.

  2. Codswallop!

    I agree with Arthur on this one. I see the risk management perspective, but from a people leadership point of view, a policy banning all friending rather than friending itself is what will likely create the hostile work environment.

    Personally, I am on Facebook, but I use LinkedIn much more in business settings because it does not include as much “personal” stuff. Those who avidly post every menial thought and bodily function to Facebook should assume that not only their boss and HR director, but their future bosses are looking at it.

    Social media is here to stay and rather than trying to regulate it away, we simply need to train our managers that if you can’t legally say this to your secretary at work, you can’t post it on her wall, either.

    In business development, recruiting, sales, and reference checking, social networking has already become an indispensable tool. I can reach senior executives n 20 minutes which would have taken months before. Furthermore the next generation of managers are going to do it whether there is a policy or not.

    I’m just waiting for the lawsuit claiming a “no friending” policy violates and unduly restricts an employee’s or a manager’s freedom of expression or assembly.

    http://www.LiveYourLegacy.com

  3. Tom says:

    Unfortunately it doesn’t matter whether or not it is flawed or unrealistic. The fact of the matter is people have to assess the risk and think ahead to the possibilities. There are pro’s and con’s to friending bosses.

    For example, If I come to work, work hard, support my boss, and stay out of office politics all while maintaining a friendship with my boss, there’s about a 95% chance nothing will happen.

    If I am a slacker, and, as others have on facebook, post comments that question my work ethic, performance, or conduct, I should be prepared for the consequences. Now given we live in an “it’s not really my fault” world now, we can expect allegations.

    That all being said, as a former employee, I NEVER friended my boss on any social site, even professional. As a current boss, I would NEVER think about friending my employees.

    Best rule of thumb: Keep your work life at work and your private life at home.

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