Legal news and trends for Canadian in-house counsel and c-suite executives
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productivity may be the most com- mon concern about social media in the workplace, companies also need a plan to keep employees from disclos- ing confidential information or posting defamatory statements related to their employer. Experts say Facebook users who list their employer on their pro- file page may be seen to represent the company, whether or not they have per- mission to do so, or are even attempting to do so. Employers can protect themselves from these abuses first and foremost with an Internet use policy, said Sargeant. It's also vital for companies to make clear to employees they are responsible for their actions in the social media realm. Subscribe today to Canadian Lawyer Canadian Lawyer is the ultimate source for today's legal professional. Keep up to date and informed by subscribing today for only $65 a year! Along with 11 issues packed with insights, trends and analysis, you'll also receive access to Canadian Lawyer's exclusive digital edition and digital edition archives, available only to registered subscribers. And, you'll stay up to date on breaking news between issues with Canadian Legal Newswire, our free weekly enewsletter that is edited by our legal reporting team. Subscribe online at canadianlawyermag.com Paying it f orward • A supreme misstep • A lot of wine-ing September 2009 eptember 200 09 Many workers have an unwarranted belief that their online behaviour is free from sanction. Sargeant said different companies will create diverse Internet use policies, while some may encourage employees to use social media, while others opt for a blanket ban. Yet it's vital for all work- ers to acknowledge their work com- puter and its systems are the property of the employer, including records such as e-mail. Companies should also add in directives on the activities permitted online, making employees aware their online browsing will be monitored, and penalties exist if directives are contra- vened. At the same time, consistent enforcement of the policies is key if employers hope to use them in future litigation. "It's not OK if you allow your CEO to do it but you don't allow your rank-and-file employee to do it," said Sargeant. Employers should also consider $7.00 ASIA BUSINESS IN Be it the Pacific Rim, Southeast Asia, or elsewhere in the world's largest continent, Canadian law firms are taking advantage of opportunities. 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L4G 3S9 Tel: (905) 727-0077 Fax: (905) 841-4357 Mail or fax this form to Canadian Lawyer Sub-ad_CL_Sep_09.indd 1 20 • FEBRUARY 2010 INHOUSE DOING using social media to help them deal with issues involving former employees. Social media can provide a treasure trove of information during wrongful dismissal lawsuits. For example, a fired employee who says he has been aggres- sively seeking other employment for four months but has come up empty, likely shouldn't have information on Facebook indicating a recent two- month vacation. "Clearly they're not doing much to mitigate their damages during that time," Sargeant said. Companies will certainly have differ- ing approaches to using social media to grow and protect their businesses. But all must take note of the privacy law implications of social media. Faskens associate Alex Cameron says companies must read and follow the terms of use on social media sites like Facebook. They outline specific stipulations about how companies will handle Facebook users' personal information, and obligations can go beyond applicable privacy law considerations. It's also critical to peri- odically return to the site to check for updates, as these terms often change. "If things go bad, it's not just Facebook that gets sued, it's not just Facebook's 8/14/09 9:11:54 AM C r e i g h t o n o n t h e b e n c h • J u r y t amp e r i n g • Pa r e n t a l a l i e n a t i o n s y n d r ome August 2009 $7.00 ASSEMBLY LINE Hundreds of l lawyers are Hun involvenvo ed Hundr LIN involv d in the com o f C naCa ada autom of an da's Canada's complex remodelling omotive industry. $7.00 S t . J o h n ' s c i t y r e v i ew • Wi l d , wi l d we b • C a r r i a g e b a t t l e s July 2009 July 2009 Louis Pasquinasqu tiion honou our or tion th be Ca nadaanada conviction that gives him the dubious honour of being the first lawyer in Canada guilty of gangsterism. 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