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Oct. 24, 2006

U-M law expert offers employment tips regarding blogging

ANN ARBOR, Mich.—Bloggers beware: Writing in Web logs at work is risky business.

Misuse of company property could lead to disciplinary measures or even loss of a job, a University of Michigan law expert says. But even blogging from home can be risky for employees who reveal too much.

"Under many circumstances, you can be fired for any reason, any time, including for things you write in your blog," said J.J. Prescott, an assistant law professor, whose research interests include employment and criminal law. "Rarely do you have any statutory or constitutional protections for your private blogging."

Employers, he noted, rightly worry that employee blogging could leak company trade secrets and copyrighted or trademark materials, contain harassing or discriminatory comments, or libel employees, clients or others.

Although employees should always assume that their employers will find and read their blogs, Prescott offered common sense tips for employees who want to record their thoughts while minimizing their risks. They include:

• If you want to keep a Web diary, don't publish it for everyone to see.

• If you must publish, use a password or limited access approach, and remove your blog from search engine coverage.

• Maintain anonymity while blogging by not mentioning specifics or using names; do not publish pictures of easily identifiable people or places.

• Ask yourself whether what you are writing is something you'd be willing to write in a letter or mention in a conversation with your employer.

Remember that some limited protection for employee blogging potentially exists in whistle-blowing statutes, anti-discrimination provisions, other wrongful discharge protections, or labor law measures. In particular, "labor law may allow you to complain about your working conditions without risk, so long as you're trying to communicate with your colleagues through the blog for mutual aid or protection, and your language is not threatening or over the top," Prescott said.

Employers should consider:

• Reminding employees that code-of-conduct expectations are applicable to blogging.

• Prohibiting references to customers or co-workers without prior written approval.

• Prohibiting the posting of offensive or obscene material.

• Prohibiting the posting of confidential, proprietary or third party information.

• Monitoring and archiving all employee blog content.

Contact: Jared Wadley
Phone: (734) 936-7819