Be Careful When You Twitter…

In a previous blog post labeled “Social Media and the Workplace,” I mentioned Heather Rast, an avid member of the social networking space, Twitter, who described her real-life story of how social media involvement affected her corporate career. While management at her current job supports her blogging and Twittering, her previous management team did not and she learned the hard way. Since various sites such as Twitter, Facebook, MySpace, and YouTube are becoming important means of communication between individuals and businesses, it is crucial to know the boundaries.

In Beware: Your ‘tweet’ on Twitter Could be Trouble, an article written by Tresa Baldas of The National Law Journal, we’re reminded that Twittering the wrong information could get you or your employer into a heap of trouble. Lawyers caution that Twitter carries a number of legal risks.

The article lists a few possible issues to take note of:

• Users posting tweets from corporate networks could expose company secrets. These conversations are legally binding and subject to the legal rules of electronic discovery, which means tweets could be subpoenaed in a lawsuit.
• Twitter also raises invasion of privacy and defamation issues. Trademark violations could also be alleged if Twitter users appear to have a relationship with a company or product when one does not exist or post tweets to dilute a trademarked name.
• Twitter could also trigger more workplace retaliation and wrongful termination claims, whereby users will claim that they were retaliated against or fired over protected information they tweeted, such as being harassed at work or disclosing a safety violation.
  

It’s easy to say “Don’t Twitter about work related things.” However, it’s probably more realistic to be mindful in general when using Twitter. Douglas E. Winter, an attorney who heads the electronic discovery unit at Bryan Cave, advises companies about emerging technologies. “Twitter, like any electronic communication tool, is subject to a wide range of potential liability,” he said. “I basically tell people that, yes, it’s a new tool, and it’s very trendy. But no electronic tool should be treated any differently as they emerge.”

Posting a tweet is really no different than sending emails or texting messages. They are short, instantaneous and sometimes not well-thought out which can lead to misinterpretation. Additionally, they can be monitored and tracked by employees and can be used in a court of law since it’s a permanent record on the Internet. So it’s important to know what your company guidelines are, and if you are not sure of what they are, it’s a smart idea to ask your superior. People have to be aware of what their own company guidelines are and think twice before they publish information for the world to read in the social networking space. Furthermore, if you’re going to use Twitter, it’s wise to educate yourself on its terms of service.