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Employers advised to take action over employees who bad mouth them on Facebook

Employers and Manufacturers Association

Wednesday 9 June 2010, 10:18AM

By Employers and Manufacturers Association

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Employers should take action if employees bad mouth them on Facebook or other social networking sites, says David Lowe, Employment Services Manager for the Northern Employers and Manufacturers Association.

EMA released research today on the legal implications of the negative use of social media.

The use of social media is untested in employment law.

“Businesses must not sit back and allow their reputations to be sullied by the thoughtless comments of employees or ex employees,” Mr Lowe said.

“Despite media attention, some employees continue to say things on their social networking pages forgetting it isn’t private.

“Nearly every day we get a call at EMA from a business which has found a derogatory remark about them on a Facebook page.

“Businesses need to keep an eye on these sites to see what is being said about them, not just by their employees, but customers too.

“Both positive and negative comments online can be very influential.

“Age-old legal principles can easily be breached by adverse comments from an employee even though social networking is a new phenomenon.

“Many people don’t seem to make the connection between these age old legal principles and the modern world of Facebook.

“The most common issue is when negative comments are made about the manager, customers, work colleagues, or the company itself, breaching the age old legal obligation to maintain trust and confidence.

“Former employees, even those overseas, may think they can make such comments without repercussions, but they could also be in for a fright.

“Ironically, employers may be able to use the same technology to call them to account, by serving court proceedings on Facebook.”