image via google images |
I believe the two teens who posted these images were fully
aware of what they were doing, and the post was not an accident. In my opinion,
it’s most likely the case that the employees were trying to look cool to their
friends and brag about what they did at work. And ultimately this fault in judgment
led to these two employees to lose their jobs. I feel that the actions Subway
took were necessary and correct. From what I can tell, though, the company did
not issue any press releases or take any action to address the public. The main
actions taken were firing in the employees. The scandal resulted in “the
health department is investigating” the store as well (Yost, 2013, para. 4). I
feel that the company could have addressed the situation publicly through a
press conference or providing more details of the case.
Focusing on the 9 edicts, there isn’t one specifically that
relates to this situation. However, had the company had enforced policies about
using social media networks or mobile devices at work, this situation may have
been avoided, since the mobile devices were the avenue for these employees to
post something online.
If I were implementing social media policy for my
organization, I think there would need to be a clearly defined explanation of
how the use of social media would work for my organization, and what the
expectations of using social media while at work or as it links to the company’s
name. Two guidelines that apply to an employee’s personal use are that opinions
are largely protected and that employers may restrict employees’ commercial use
of company marks (Halpem, 2012). Employees have the right to free speech and they
are allowed to have opinions of the company, industry, and whatever else might
relate to the organization. However, that is why I feel that if the employee is
posting either on behalf of the company or they are mentioning the company,
then they need to clearly understand the policies in place when referring to
the company in the personal use. So while their rights should be protected, the
company’s logo and anything else that defines the company should also be
protected through the policies I would create.
Two guidelines relating to social media use when an employee
is representing the organization are that employers may prohibit employee “rants”
and confidentiality clauses should be narrowly tailored (Halpem, 2012). There
are trade secrets that exist in my company, and if an employee does decide to
go on a rant and/or share those secrets (which are not theirs to share) the
company should be allowed to take action against that employee. At that point,
they are demonstrating their freedom of speech, sharing information that is not
theirs, and therefore the organization can act.
References:
Halpem, S. (2012, December 3). When is Your Company's Social
Media Policy an Unfair Labor Practice? Recent NLRB Decisions Offer Long-Awaited
Guidance for Employers | The National Law Review. Retrieved February 20, 2015,
from
http://www.natlawreview.com/article/when-your-company-s-social-media-policy-unfair-labor-practice-recent-nlrb-decisions-
Yost, D. (2013, July 22). Subway Restaurant Workers Fired
After Allegedly Posting Lewd Photos. Retrieved from http://www.nbc4i.com/story/22904250/subw