The Blogging Employee, by Jerry Bloch

The use of the internet for social media purposes has made pundits and commentators out of anyone who wants to be one. What risks do employers have from their employees’ blogging, and facebooking?

An article in the Los Angeles Daily Journal on January 1, 2010 provides answers. It cites a Federal Trade Commission guide that establishes when an employee’s internet postings about his or her company’s products might be improper public endorsements or testimonials, which could create liability for the company.

The article recommends that, to reduce the risk, the company’s computer and internet use policy should include a statement that employees who post internet statements about the company’s products or services must (i) “clearly and conspicuously disclose” their employment; and (ii) state that what they’ve written is their own personal opinion and has not been endorsed by or made on behalf of the company.

If your company’s Employee Handbook doesn’t address these issues, we can help you revise it.