This month’s featured article highlights how a clearly written Social Media Policy—crafted and implemented with Akamai HR Solutions—empowered a California employer to address a serious social media violation quickly, lawfully, and consistently. Need a customized, legally compliant employee handbook? Visit our Handbook page to build yours in just a few clicks.
When “Freedom of Speech” Meets Workplace Boundaries
Social media gives employees a platform to share opinions and experiences in real time. But when those opinions cross into disparaging their employer, damaging the company’s reputation, or violating internal conduct standards, the consequences can be significant.
That’s precisely what happened to one California employer earlier this year when a high-profile employee publicly criticized the organization and its leadership on social media—comments seen by tens of thousands of followers. The post generated backlash, confusion, and concern among staff and students, and required immediate intervention by HR and senior leadership.
The Handbook Policy: Clear, Written, and Enforceable
Fortunately, the employer had prepared for this scenario. Its handbook—developed in partnership with Akamai HR Solutions—included a clear Social Media & Public Image Policy, stating in part:
Employees are expected to use good judgment in all Social Media Activity. Content that is defamatory, harassing, or that violates confidentiality, privacy, or professionalism standards is prohibited. Employees will be held accountable for engaging in Social Media Activity that violates this policy, which may result in disciplinary action, up to and including termination.
The handbook also included a Non-Disparagement Policy, reminding employees that workplace concerns should be raised through appropriate internal channels, not through public or online forums.
Together, these policies created a legally defensible foundation for the company’s response.
The Violation and Response
After confirming the social media post violated both the Social Media and Public Image policies, HR conducted a documented investigation. The employee admitted to authoring the post but argued that it reflected a “personal opinion.”
However, because the content referenced the employer by name and caused reputational harm, the company determined the conduct was a direct violation of its policies.
In response, leadership issued a Last & Final Written Warning, citing:
- Violation of the company’s written Social Media and Non-Disparagement policies.
- The employee’s role as a public representative of the organization.
- The seriousness of reputational harm and disruption caused.
The warning made clear that any future misconduct of this nature would result in immediate termination.
Why the Discipline Held Up
The employer’s action held up—and was fully supported by counsel—because it was backed by strong documentation and a clear, enforceable policy framework.
- The policy was explicit. Employees were put on notice that social media activity is subject to company standards and disciplinary action.
- The violation was documented. Screenshots, timestamps, and communications records provided objective evidence.
- The harm was legitimate. The content created measurable reputational risk, warranting a serious corrective response.
- The action was proportional. A Last & Final Warning balanced accountability with fairness, allowing the employee to correct behavior while protecting the company’s interests.
What Could Have Gone Wrong Without the Policy
- Reputational damage without recourse: Without a written standard, the company might have lacked grounds for discipline.
- Inconsistent enforcement risk: Absent clear policy language, applying discipline could appear arbitrary or retaliatory.
- Legal exposure: Vague or outdated policies invite claims of unfair treatment or retaliation for protected speech.
- Cultural erosion: Unchecked public negativity can demoralize staff and undermine leadership credibility.
Employer Takeaways
- Write it down. A clear Social Media Policy protects your brand and defines boundaries around acceptable online behavior.
Train and remind. Include annual reminders about responsible posting and public image expectations.
Document everything. Preserve screenshots and communications when addressing policy violations.
Be consistent. Apply discipline uniformly across all roles and departments.
Review annually. Social media platforms evolve—so should your policy language and enforcement standards.
Disclaimer: The information in this featured article is provided for general educational purposes only and does not constitute legal advice. Akamai HR Solutions, LLC is not a law firm, and no attorney–client relationship is created by your use of this content. Laws may change or apply differently to your business. For legal guidance tailored to your specific circumstances, please consult a qualified attorney.