Social Media Toolkit
Vermont Businesses for Social Responsibility
May 12, 2011
Agenda
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Overview of Social Media and Business Benefits
Employment Practices
Legal and Reputational Risks
What’s on your mind?
Success in Social Media
Social media is
 Public
Relations
 Customer Service
 Loyalty-building
 Collaboration
 Networking
And it changes, quickly. Success in social media takes
commitment to generate the desired results.
Social Media Strategic Plan
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Research the Marketplace
Analyze your Competition
Decide where to concentrate your efforts
Identify Goals & Objectives
Measurements of Success
Social Media Design
Identify Content
Ownership of Social Media
• Google Alerts
Social Media Audit:
Research the Marketplace
www.google.com/alerts
• Google Blog Search
What’s being said about your
company
http://blogsearch.google.com
• Twitter Search
http://search.twitter.com
Where do your customers play
in social media?
• SiteVolume
http://www.sitevolume.com
How your competitors are
using social media
• SocialMention
http://www.socialmention.com
• Socialcast
http://www.socialcast.com
Social Media Audit: Research
the Marketplace
What’s being said about your
company
How your competitors are
using social media?
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How they present themselves
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Who their fans or followers are
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How they interact with those users/customers
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How their users respond
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Where do your customers
play in social media?
What are the conversations taking place about
your competition
Use the same tools mentioned above
In addition: Competitious www.competitious.com
Social Media Planning:
Identify Goals & Objectives
Decide Where to Concentrate
Your Efforts
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Focus on a select number of sites
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Diversify as you are able or recognize the need
Most frequented social media sites are:
 Facebook
 Twitter
 YouTube
 LinkedIn
 Wikipedia
 Flickr
 blogs.
Facebook leads the way with the most users and the most
time spent on the site, according to Nielsen Online.
B2B might benefit from connections on business networking
sites like LinkedIn.
Use your customer-listening research to determine where to
concentrate your efforts.
Identify Goals & Objectives
What are you looking to get
out of this investment today
and in the future?
What steps do you need to
take
to make it happen?
Identify Goals & Objectives
What are you looking to get
out of this investment today
and in the future?
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What steps do you need to
take
to make it happen?
Expand brand or product awareness
Build community
Qualify fans and convert them to
customers
Improve customer satisfaction
Social Media: Measures of
Success
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Number of fans, followers, readers
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Number of video or other content views
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Volume of user comments
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Retweet or peer-sharing statistics
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Comment or retweet resonation
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Engagement
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Media coverage
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Media impressions
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Advertising click-through rates
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Company website traffic statistics
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Quantity of new qualified leads or sales
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Volume of customer service issues handled
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Google Analytics
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www.google.com/analytics
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Twinfluence
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www.twinfluence.com
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Twitalyzer
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www.twitalyzer.com
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Klout
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http://klout.com
Social Media: Costs to your
business
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Dedication of staff time and other company
resources
Initial and ongoing social media education and
training
Involved in promoting your social media presence
and generating a following
(e.g., ads, contests, “cool” content, etc.)
Research from HubSpot finds that companies that blog
welcome an average of 55% more visitors to their sites
than companies that don’t.
And they may generate 97% more external website links
and 434% more indexed pages, both of which influence
a company’s search rank.
Ownership of Social Media
Internal Policies
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Dedicate the Appropriate Resources
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Decide Who Should Represent the Organization
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Weigh Whether to Allow Employee Participation
Social networking and reputational risk in
the workplace
74% of employees surveyed
agreed that it’s easy to damage
a company’s reputation through
social media
55% of employees visited social
networking sites at least once per
week
10% of employees access social
networking sites during work
hours for personal and business
reasons
52% did not access such sites during
work hours
26% of employees worked for
companies that blocked access to
such sites
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Deloitte LLP 2009 Ethics & Workplace Survey results
Social networking and reputational risk
in the workplace
53% of employees surveyed said
their social networking pages are
none of their employers’ business
40% of business executives disagree
with that, and 30% said they
informally monitor employees’
social networking sites
27% of employees surveyed don’t
consider the ethical consequences
of posting comments, photos or
videos online, and more than
one-third don’t consider what
their boss, colleagues or clients
would think about their postings
•
Deloitte LLP 2009 Ethics &
Workplace Survey results
ATTRACTING AND LEVERAGING
TALENT
How to get top talent and retain it by utilizing social
media tools
Pre-Employment Use of Social Media
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45% of Employers use social media to screen candidates
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Facebook – 29%
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LinkedIn – 26%
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MySpace – 21%
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Blogs – 11%
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Twitter – 7%
11% of Employers plan to start using Social Media to screen
candidates
Source: CareerBuilder.com survey
Pre-Employment Use of Social Media
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Reasons Employers rejected candidates:
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Candidate lied about their background (24%)
Candidate revealed confidential information from previous employer
(20%)
Candidate sent a message using an emoticon such as a smiley face
(14%)
Candidate used text language in an email or job application (LOL!
gr8!) (16%)
Source: CareerBuilder.com survey
Pre-Employment Use of Social Media
Reasons Employers hired candidates:
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Profile provided good information as to candidate’s personality and fit (50%)
Profile supported candidate’s qualifications (39%)
Profile showed candidate was creative (38%)
Candidate showed good communications skills (35%)
Profile showed candidate was well-rounded (33%)
Other people posted good references about candidate (19%)
Profile showed that candidate has won awards and accolades (15%)
Source: CareerBuilder.com survey
Pre-Employment Use of Social Media
(an unconventional approach)
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Talent attracts talent – energy is contagious
Brand attracts talent – make it relevant
Employees like to be trusted
The pro’s of encouraging employees to build robust
social media profiles
Feature people who love their job
Training opportunity (a must)
Pre-Employment Use of Social Media
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LinkedIn – build a company profile that effectively
represents your organization
 make
people want to connect with you
 join/create relevant groups
 keep it fresh/accurate
Pre-Employment Use of Social Media
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Facebook - build an irresistible fan page
 ooze
the best parts of your culture
 engage fans
 link back to your organization’s website/career pg
Pre-Employment Use of Social Media
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Risks:
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Discrimination Claims
 Medical Issues, Sexual Orientation, Religious Beliefs, Political Beliefs, etc.
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Invasion of Privacy Claims (unlikely)?
 Unreasonable intrusion on seclusion?
 Unreasonable publicity given to another’s private life?
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Fair Credit Reporting Act issues if searched by third party
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Are social media sources reliable?
Pre-Employment Use of Social Media
Q: Could negligent hiring claims be based on alleged
“failure” to search applicants’ social media sites?
A: Probably not, at least at this time.
How Social Media Can Help You
Retain Top Talent
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Employees value professional challenges and
mentoring opportunities which can come from
colleagues
They want to know that you are constantly looking
to add more talent to make their employment
experience richer
Employees want to be proud to work for you so
fully leverage your brand
Parameters on Use of Social Media by
Employers
Anti-Discrimination Laws
Discrimination based on membership in protected class
(employer learns information it did not know (or want to know))
Discrimination based on association
• Risk gaining knowledge that the employee associates with or
is related to members of a protected class
Parameters on Use of Social Media by
Employers
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Invasion of Privacy Theories
 Employees may sue for invasion of privacy (e.g., “serious unwarranted
intrusion into private areas”)
 Question: Does employee have reasonable expectation of privacy in
social networking activities?
 Case law is not developed in social networking area
 Many courts have addressed the issue in the email context
 Courts have found that there is no reasonable expectation of privacy
in email as long as company makes that clear in policy
 Courts have found that even in cases where the emails were stored in
personal, password-protected folders
 Garrity v. John Hancock Mutual Life Insurance Co., 2002 WL 974676
(D. Mass. 2002)
Parameters on Use of Social Media by
Employers
Stored Communications Act
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Prohibits accessing “without authorization” a network through which an
electronic communication service is provided, thereby obtaining access to
electronic communication stored electronically.
Example case: Konop v. Hawaiian Airlines, 302 F.3d 868 (9th Cir. 2002)
Example case: Pietrylo v. Hillstone, 2009 WL 3128420 (D. New Jersey
2009)
 Jury found that the employee who provided manager with her password
to MySpace employee “venting” group felt coerced, and that she
therefore did not “authorize” the employer’s access to the group;
$17,000 in compensatory and punitive damages awarded
Lesson: Do not use surreptitious means to monitor limited-access employee
social networking sites.
Parameters on Use of Social Media by
Employers
The NLRA is implicated where employees are engaging in
“concerted activity.” This could be present whether your
workforce is unionized or not. NLRA prohibits employer
“surveillance”.
The NLRA may apply where:
i. An employee notifies other employees about a social
networking site that discusses, e.g., wages, benefits, working
conditions;
ii. An employee discusses the work environment/terms of
employment; or
iii. An employee allows, or the social networking site provides
the opportunity for, other employees to post responses and
comments.
Parameters on Use of Social Media by
Employers
NLRA Discussion, continued:
NLRB v. American Medical Response of CT, Inc. (NLRB
alleged and employer agreed in settlement that policy
prohibiting employees from making “disparaging,
discriminatory, or defamatory comments” about
supervisors on line is too broad and, in that case,
violated right to engage in protected concerted
activity)
Konop v. Hawaiian Airlines, 302 F.3d 868 (9th Cir. 2002)
(court held that management’s accessing web site that
complained about working conditions and threatening
defamation claim could violate employee’s right to
engage in concerted activities)
Bottom line: Traditional employee “concerted activity”/
communications rules apply in social media context.
Parameters on Use of Social Media by
Employers
Take care not to retaliate on basis of legally
protected activities you learn about through any
monitoring
(For example, protected “whistleblowing”,
complaints of harassment or statements in support
of such complaints, etc.)
Consult with HR re any such issues
Seek guidance from HR if considering sanctioning
employees for off-duty online conduct that is NOT
connected with the job
Employer Obligations Related to Social
Media
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If employer has knowledge, it could be liable for
un-remedied harassment law violations perpetrated
through social media
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Particularly troublesome if site maintained by employer, but:
Contact HR/counsel for guidance re non-employer-maintained sites, particularly
if potential harassment or bullying may be occurring
Defamation Liability?
Obligations to act on other information on social
networking sites of which employer has notice
Social Media-Related Employment Policies
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The Hiring Process (if the employer ever chooses to
screen applicants’ social media sites), supervisors
should be trained to follow policies that:
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Standardize the process
Require consideration of job-related information only
Govern documentation/recordkeeping
Social Media-Related Employment Policies
In managing current employees, be aware of any
policies that address the following issues:
 If access to social media is permitted at work – it
may not interfere with work
 Prohibitions on employees’ revealing confidential or
proprietary information
 Follow policies re expectations of privacy and/or
monitoring
Social Media-Related Employment Policies
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Apply general employer policies in social media
context, such as those that:
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Require compliance with employer non-discrimination/non-harassment
policies
Prohibition on unauthorized use of employer logos, brands, etc.
Prohibition on postings that create a conflict of interest or harm
employer
Also, employees should indicate that views
expressed are personal, and not views of employer,
unless authorized otherwise
Social Media-Related Employment Policies
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If posting endorses employer generally or an employer’s
product or service, employee should provide clear disclaimer
stating his/her affiliation with employer
 due to Federal Trade Commission fair advertising rules
Any employer-related postings should be approved by
employer, or by employees who have been trained and given
specific permission to issue posts
If your organization uses social media
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How to identify dedicated resources
What training is required?
What is HR’s role?
What is a consultant is managing SM plan?
Great brands/Great SM usage
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Zappos
AT&T
etc
If you DON’T use social media
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Identify how your culture views SM use at work
Do you set clear boundaries? Block SM?
Handling potential performance issues
 time
drain
 distraction
 harassment
 brand risk