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2sp_ | 21:22 Wed 04th Dec 2013 | Law
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An employee takes part in some nasty conversations on Facebook with client A regarding client B. The two clients had a falling out over something, but nobody seems sure what.

It's all pretty horrible stuff, but the two are very careful not to call client B by name, but have made up a nickname and refer to her as that.

The employer is friends on Facebook with both the clients, and has seen many instances of this (dare I use the word) bullying. Client B has not mentioned Client A at all on FB.

It's all very 12-year-old-girl. Pathetic and immature, but the employer is concerned over the image that it will portray of the business.

How does the employer stand in reprimanding the employee over something she is doing on her own time, on her own Facebook page?
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As an employer, you are completely entitled to pull up an employee for behaving in a way that is detrimental to the business. Yes something needs to go in the T and C but its a basic general expectation and the employee would have no defence by saying "Its not in my T and C"
I would also suggest that she shouldn't be bitching with clients anyway, especially about other clients, even if FB and social networking didn't exist, its just that nowadays its easier to find out about and prove.
Nip it in the bud!!
2sp .... I'd say legal advice first. I'll throw out a few things 2sp and hope it helps. Realise I haven't got full details.

Can these FB posts be removed by your employee or are they permanent?

Potentially likely to cause distress and offense to said client and other clients and compromise your business and shows "employees" in a poor light (check your values against what is happening aswell- what is the image you wish to project) you may have an angle here and wondering if you could ask for them (FB posts) to be removed while being investigated. (keep copies of everything though and note all conversations - date times etc). Do you have a personnel manager who can support you in dealing. ACAS could also be helpful for advice or Fed of Small business if a member (esp Law - if no inhouse lawyer). (it sounds like the real names will be out pretty soon so thats a concern)

If policy allows - suspend her while you do this but in certain circs you may be able to suspend anyway. I feel you might have to but you may operate differently. Depending on what is said on FaceB- she (client) may be being harassed/bullied as suggested. Legal advice here. (assume she knows - she is likely to be very upset)

If it was my company I would be absolutely fuming as you dont know where this will go really. You could have a PR problem on your hands (or not) if client finds out -and it could get into the press so if it can be nipped in the bud, I would. Boundaries with clients and all that and respect for client!

Are you breaching your contract with the client in any way? What will other clients think if they see FB notes ? (they might complain - be prepared for this too as appears a few know ) Could you afford to lose customers? Could you be sued ? (likely even if you didn't condone it - again legal) Could you be investigated by an external source? - better you do it. Dont know anything about relationship of employee to client in her capacity at work - if close get it checked re where you stand. I think you need your lawyer to check out so you are doing the right thing as you have your employee on one hand and client on other and will need to manage both fairly.

I dont know your set up but the client/customer has paid for a service and is still a customer I gather. Can you afford to have this employee around this customer - dilemma here I feel but an opportunity too to get employee to realise the problems it causes and why you are enquiring into it. + If employee is privy to private and confidential info - she will know more about this client and she is now being negative about her on a social networking site. + she has discussed a client with another client - thats all a big no no! Is she breaching confidentiality? - your policy?

If she (client) lodges a complaint - and you haven't investigated something that concerned you about an employee in relation to one of your customers it doesn't look as good as if you had so do think it through and get on the front foot.
These things happen - just about managing the risk.
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Thank you all for your answers.

Hopefully we will get this resolved soon. I spend so much of my own time (I don't get a wage from the business!) trying to promote good PR it makes my blood boil when a paid employee is causing trouble!

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