Workplace Blogging: The Good, The Bad and the Ugly MAY 2005

“Getting to surf the web for 3 hours links and quips and ideas and arguments while being paid: Priceless. that only months ago were the near- monopoly of established news outlets. Getting to for 3 hours while being In Canada alone, almost 250,000 paid: Priceless. Canadians have on the world-wide web. Sitting around doing nothing for 3 hours while being paid: Priceless. Installing Regardless of topic, all blogs share two Windows 2000 Server on a P2 300: fundamental characteristics: First, blogs Bloody Freaking Priceless.” are personal. Almost all of them are imbued with the temper of their writer. - Blog entry that resulted in the Second, blogs invoke Marx because they termination of Manitoba Health seize the means of production. For as system administrator Jeremy Wright long as has existed, writers of whatever kind have had one route to readers - an editor and a publisher. Even in the most benign scenario, this process “Blog”: A regularly updated online subtly distorts journalism. Blogging journal of information and opinions. bypasses this ancient ritual. As such, it may well be journalism at its purest and “Dooced”: The act of having been free-speech at its best. terminated for blogging about the workplace. Attack Of The Blog

The “Blog” Although blog use has grown considerably within the past year (to In the beginning - circa 1994 - the roughly 5% of users), currently phenomenon now called blogging was blogs are used by only a small number of little more than the sometimes nutty, online users. Yet blogs have garnered a sometimes inspired writing of online great deal of corporate attention because diaries. These days there are blogs about their readers and writers are highly just about any subject - tech blogs, sex influential. Unlike ordinary advertising blogs, drug blogs and teenage angst or communiqués that are not designed blogs. There are also news blogs and for frequent updates, blogs make it easy commentary blogs, sites packed with to create new material on a daily or dedicated an entire portion of its website hourly basis. to blogs written by its employees. Indeed, functional areas such as Consumers who use blogs have become employee recruitment are a good non- an attractive target group for marketers controversial place to workplace blog. and recruiters because statistics show For example, a recruiter at Microsoft that young adults read blogs three times maintains a blog where she discusses more frequently than older adults, and topics like what the company looks for blog users consider themselves to be when hiring for certain positions. opinion leaders. In short, blogging is the business world’s new golden child with The Bad no foreseeable end in sight. What, then, is all the hysteria about the Workplace Blogging blog?

It’s inevitable – your employees will In a word, blogs can be very dangerous. blog, with or without your permission. Left unregulated and unmonitored blogs Although you could clamp down and are devoid of any form of external check forbid personal blogs outright, you or balance. As a result, blogs often probably cannot stop them – employees claim as fact that which is little more will likely start and post the same than opinion, or the frustrated and comments in an anonymous blog. uniformed ramblings of a well-meaning, or perhaps not so well-meaning, blogger. As such, “workplace blogging” is in In the majority of circumstances, readers 2005 what email was in the early 1990s; have no means, and no reason, to an unbridled form of workplace question the authenticity of the blogger’s communication that, while potentially statements. As such, much like very useful, can also create considerable newspapers but, ironically in the current risk to the employer. Statistics Canada client of media distrust, with an air of reports that 36% of Canadians access the greater credibility and reliability, blogs Internet while at work for non-work can cause enormous damage in a related purposes. In fact, the number is relatively short period of time. They can likely much higher. also disintegrate into the worst example of the children’s game “broken The Good telephone”.

At its best, workplace blogging can be a This is particularly true when the blog is most effective and the most inexpensive a workplace blog. Disgruntled, means of direct advertising. “Good disenfranchised, angry employees have quality” blogging raises a company’s much to say about their employers. visibility and profile and has the Sometimes the information is factually potential to reach millions and millions accurate. However, often it is not. of readers. From the standpoint of a Usually it is misinformed or prospective employee, a good blog can misconstrued, and occasionally it also provide a unique perspective on contains confidential information. what it’s like to work for the company Always, blogged information carries about which the blog was created. Sun with it enormous potential to harm the Microsystems knows this well and has employer. The Ugly Workplace Blogging - Guidelines

The termination of an employee and the In writing, a workplace blogging policy negative publicity that can follow – should include at least three crucial particularly when the issue of free- elements: speech is tossed into the mix – can be ugly. In Canada, incidents of doocing – 1. Establish which rules are termination resulting from workplace inviolable: Respecting existing blogging – are less common that in the confidentiality agreements and United States. Still, the tide is turning. company secrets is a no-brainer – and not doing so should be What An Employer Can Do? grounds for dismissal. Sun Microsystem’s blogging system There are a range of options that may states simply “don’t tell secrets” apply depending on the nature of the and asks employees to use workplace environment. common sense and to check with managers when they are unsure. Some employers – often those with highly classified workplace information - 2. Set expectations on when the have chosen to enact a hard “no employer will intervene: There blogging” rule. Anyone caught are certain times when the participating in “workplace blogging” employer may feel that it needs regardless whether the blogging takes to reinforce what can and cannot place on company time and with be discussed in workplace blogs company property, will be terminated. – for example for regulatory purposes. The employer may At the other end of the spectrum, there also limit workplace blogging are employers that have chosen to turn a activity during certain hours, blind eye – pretending they know either for legal or productivity nothing. reasons. As well, the employer may not allow or condone blogs Given the inevitability of workplace in which employees express blogging, the most prudent approach views that unduly or harshly may be to make the best of this new and criticize, demean or undermine rapidly growing technology, and management. encourage and regulate “good workplace blogging” in the interest of the 3. Monitor blogs religiously: employee’s right to speak and the Because good blogs and bad employer’s right to protect its assets. blogs travel quickly in the , at a minimum What flows from this is the necessity of employers should track what is a workplace blogging guideline for being said about them on blogs. employees, similar to policies that Using blog search engines outline the proper use of other corporate employers can find blogs that assets with disciplinary action or discuss their company and topics dismissal as the ultimate sanction. related to their company, and if requested, deliver those postings

directly to management’s I will not delete comments unless desktops. they are span, off-topic or illegal.

Within this context, managers I will reply to emails and comments should also be encouraged to when appropriate and will do so blog in a way that is transparent promptly. and builds trust with readers. Managers should also be trained I will strive for high quality with to respond to and manage all every post – including basic spell- news quickly and truthfully – checking. good and bad. I will disagree with other opinions A Sample Workplace Blogging Policy respectfully.

Microsoft’s blogging guideline contains I will disclose conflicts of interest. two words: “Be smart”. And while this terse phrase may work for some I will link to online references and workplaces, for others it will not. For original source materials directly. those employers who need a more descriptive workplace policy it is I will keep private issues and topics important to be clear, direct and private because discussing private unambiguous so employers know exactly issues would jeopardize my personal what type of workplace blogging will be and work relationships. acceptable and what will not. It is also fundamental that employees understand Next, against the back-drop of the Code that unacceptable or bad workplace of Ethics, a Workplace Blogging blogging comes with a price up to and Policy: including dismissal. 1. Bloggers must identify It is advisable that a workplace blogging themselves on the blog and not policy include the following general post under a pseudonym. components. 2. Bloggers must make it clear First, a Code of Ethics: that the views expressed in the blog are theirs alone and do not I will tell the truth. necessarily represent the views of the employer. I will write deliberately and with accuracy. 3. Bloggers are encouraged to express themselves. I will acknowledge and correct Consistent, interesting blogs mistakes promptly. will promote the company, the blogger and their literary skills. I will preserve the original post, using notations to show where I have 4. Bloggers must respect the made changes so as to maintain the employer’s confidentiality and integrity of my publishing. propriety information. This includes financial data, corporate announcements, trade takeover bid or immediately secrets or other information that before a corporate is not available to the public. announcement, etc.).

5. Bloggers must be respectful to 9. If in doubt, bloggers should ask the employer, fellow management whether the employees, customers, partners proposed content of a blog will and competitors. run afoul of the employer’s blogging policy. 6. Bloggers must ensure that blogging activity does not 10. A breach of the blogging policy interfere with work could result in discipline up to commitments. and including termination.

7. Bloggers must respect and If you or your organization would like to abide by copyrights and laws discuss the effect of blogging on your that regulate what can be workplace and/or a workplace blogging written must be followed (i.e. policy that will meet your specific needs, avoid any statement that could please contact any member of the legal be defamatory, profane, team at: libelous, harassing or abusive). Sherrard Kuzz LLP: 416.603.0700 8. Blogging activities may be (Main); 416.420.0738 (24-Hour suspended for a period of time Assistance); www.sherrardkuzz.com if the employer is concerned about compliance with ______securities regulations or other Copyright 2005 laws (for example, blogging Sherrard Kuzz LLP may be restricted during a