by Noleen Wyatt-Jones

Created on: November 16, 2010

Facebook is fantastic. It is a brilliant way of keeping in touch, reaching out to old friends as well as making new ones but, and it's a big but, if it is used inappropriately it can be a highly destructive tool. People seem to forget that once something is posted there is almost no way back, bar deleting the offending post but by then damage is invariably done. So in answer to the question 'Should a boss be able to enforce disciplinary action based on an employee's Facebook posts?' the answer is yes but with a big caveat.

Why a caveat? well there has to be some sense of personal freedom in what we all post but that does not mean we should be free to libel individuals or organisations. In a 2008 libel case in the UK where a false profile was set up after two friends had fallen out, the victim won damages of £22,000. Media lawyer Jo Sanders, of Harbottle & Lewis, said the ruling showed that what people posted online "has consequences". The golden rule should be to only put up information or images you are happy for everyone to see and are happy to put your name to". 

So bearing that very wise advice in mind it would seem that anyone who thinks that it is clever to share their angst with the virtual world at large are putting themselves at risk, and if what they post has a direct and negative bearing on those who employ them then those employers are well within their rights to take action against the individuals. Now that might sound harsh, but a throw away negative comment from an employee on Facebook could be viewed by a rival company who are then able to use the information to benefit them, which could in turn have a detrimental effect on the original company.

It is all about consequences, responsibility and accountability and not using what is a fun social networking tool as a deviscive means to air your grievances in a very public arena. It is well known that employers often trawl the Internet to find out about prospective employees; what they want is the information that a CV and a couple of well worded references won't tell them and it is not unreasonable for an employer to be reluctant to employ someone whose Facebook posts indicate worrying trends that may affect their ability to do their job or put into question their loyalty to an employer.

The line has to be drawn somewhere to protect everyone but where that line has to be drawn is almost impossible to define. In the same way a prospective employer has to get written permission to approach referees perhaps the same could be done for Facebook, that way there is no confusion and it gives the prospective employee ample opportunity to clear up his or her Facebook act! But there will always be people who believe that it is an invasion of their privacy and is one step closer to the 'Big Brother' world Orwell wrote about in 1984.

Ultimately the responsibility to use Facebook sensibly lies with the individual so just use your common sense, avoid anything contentious and enjoy Facebook for what it is.

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