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Posted on August 11, 2013June 29, 2023

2013 Game Changer: Monica Sauls

As human resources and talent manager at pharmacy retail giant Walgreen Co., Monica Sauls has helped hundreds of employees manage and grow their careers.

Her specialty is change management, guiding employees through changing job roles and other career transitions. Sauls, 35, who is based in St. Louis, manages HR operations for 8,000 employees at 300 store locations for the retailer. She oversees a team of nine HR practitioners specializing in training development, staffing, succession planning and workforce planning.

“Leading cutting-edge human resources and talent programs that promote an environment where all employees can discover peace, happiness and excitement in their work is the most rewarding aspect of my career,” Sauls says in an email.

And she has shared her knowledge beyond Walgreen, discussing careers on a local television show that also streams on YouTube.

Rita Pyrillis is Workforce’s senior editor. Comment below or email editors@workforce.com. Follow Pyrillis on Twitter at @RitaPyrillis.

Posted on August 11, 2013June 29, 2023

2013 Game Changer: Katie Nedl

Just like the investment professionals she serves, Katie Nedl saw an opportunity others might miss and seized it.

Nedl, 33, is global head of benefits at BlackRock Inc., an asset management firm. BlackRock recently rolled out a brand campaign targeting individual—rather than institutional—investors. Viewing BlackRock’s own employees as individual customers as well, Nedl decided to piggyback on the external initiative with an internal campaign that would call attention to the firm’s financial benefits.

In just six weeks, she snagged buy-in from senior management and created a global financial wellness program for employees.

The program repackaged existing benefits, made resources and benefits available to workers’ immediate family where possible and included informational events. BlackRock financial resources, educational programs and benefits have been brought together on financial wellness pages accessible through the firm’s HR portal.

Nedl’s work seems to have paid off: Employee surveys indicate the perceived value of the benefits program increased significantly after Nedl launched her campaign.

Ed Frauenheim is associate editorial director of Human Capital Media, the parent organization of Workforce. Comment below or email editors@workforce.com. Follow Frauenheim on Twitter at@edfrauenheim.

Posted on August 11, 2013June 29, 2023

2013 Game Changer: Matthew West

Many experienced employees know their role and responsibilities. But ask them to define it? That’s when the blank looks and shrugs of “I just do what I do” begin.

Enter Matthew West. The chief talent officer literally wrote the plan/do/review book at pharmaceutical advertising firm McCann Regan Campbell Ward, defining all systems and tracking the process from a staffer’s first inkling all the way to a published piece. The process wasn’t merely an exercise searching for a formula. Rather, West, 37, ultimately compiled a comprehensive training program so new employees could quickly assimilate into the company.

Even before his promotion to chief talent officer six years ago, West created training and mentoring programs as well as career tracks with defined milestones. Because of his time invested in training and mentoring programs, the company can commit to hiring from within—a big cost-saver on the open talent markets.

More than supplying and nurturing the company’s talent pipeline, “Mr. West is the keeper of our corporate DNA,” says Nelson Hunter, chief financial officer.

Rick Bell is Workforce's managing editor. Comment below or email editors@workforce.com. Follow Bell on Twitter at @RickBell123.

Posted on June 4, 2013August 6, 2018

Facebook Posts as Evidence of Retaliation

I’ve written before about the dangers of employers accessing employee’s social media accounts without appropriate controls in place. One of the biggest risks is that an employer will learn some protected fact about an employee (e.g., medical information) that could lead to an inference of a discriminatory motive if that employee later suffers some adverse action.

Deneau v. Orkin, LLC (S.D. Ala. 5/20/13), illustrates this risk in practice. One week before Orkin terminated Tammy Deneau for repeatedly working overtime without authorization, Deneau posted the following on her personal Facebook page: “anyone know a good EEOC lawyer? need one now.” At his deposition, Deneau’s branch manager testified that he saw the comment on her Facebook page and faxed it to the division human resources manager, who, in turn, recalled that management-level discussion about the Facebook post preceded Deneau’s termination.

The court concluded, with very little discussion, that the Facebook post qualified as protected activity to support Deneau’s retaliation claim, and that she had made out a prima facie case of retaliation:

Based on the close temporal proximity between Orkin learning of the Facebook comment and Plaintiff’s termination, the Court finds that Plaintiff has established a prima facie case of retaliation.

Nevertheless, Deneau lost her retaliation claim, because she could not prove that the employer’s legitimate non-retaliatory reason (the repeated unauthorized overtime) was a pretext for retaliation.

Even though the employer won this case, it nevertheless illustrates the dangers employers face when reviewing employees’ social media accounts. Facebook, Twitter, and other social media channels can prove to be treasure trove of protected information—information about an employee’s personal and family medical issues, religious issues, genetic information, and, like this case, protected complaints about discrimination.

If you have a legitimate reason to review an employee’s social media accounts (e.g., is the employee trashing your business online, or is the employee divulging confidential information?) do so with appropriate controls in place. Have a non-decision maker conduct the review, and provide to the appropriate decision makers a report sanitized of any protected information. This simple control will insulate your organization from any argument that the decision maker was motivated by an unlawful animus based on protected information discovered in the employee’s social media account, and could prevent an expensive and risky lawsuit.

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Jon at (216) 736-7226 or jth@kjk.com.

Posted on May 20, 2013August 3, 2018

I am a Worker Seeking an Employer: eHarmony and the Job Search Industry

Ed Frauenheim is on assignment.

Online dating company eHarmony recently announced plans to get into the job search game. The company hopes to be successful by using methods similar to how it pairs compatible customers for serious romantic relationships.

Here’s what the Washington Post wrote about the subject: “At a time when many Americans are still struggling to find work, eHarmony is gambling that it can win users over with an approach that prioritizes the kind of personal, emotional qualities that are difficult to discern from a résumé or a LinkedIn profile.”

The new service isn’t set to launch until the second half of 2014. And most of the big questions about how it will work apparently remain unanswered.

So, considering all the question marks surrounding the proposed job search service, we decided to have a little fun with how job seekers will go about actually submitting applications.

Here’s some goofy stuff I came up with:

  • Entry-level millennial with eight months of administrative experience requires mid-level executive position at a totally hip software company operating in a 100 percent environmentally friendly, sustainable building. Company must offer free meals, nap time and three-day weekends.
  • Frustrated human resources officer looking for a fresh start and the chance to have a long, fruitful and happy career at any company where the workforce is comprised of mostly robots. Is willing to work with androids too. 10-human maximum. Maybe.
  • Chronically unemployed human simply yearning for the chance to remember what it’s like to truly connect with an employer again. Pleasantly proficient in Microsoft Office, enjoys working long hours and having intimate conversations about ROI.
  • Annoyed IT assistant seeks position at a company where no technical problems ever occur and all future co-workers are entirely tech-savvy—preferably as much as I am. Future employer must allow access to Netflix instant streaming in the office. Other hobbies include: the Internet.
  • Former CEO looking to serenade new, young employees with motivational ballads at any West Coast startup. A real wiz with corporate culture improvement and increasing employee engagement. Other hobbies include: yoga, looking at pictures of cats and turning down billions of dollars in buyout offers.
  • Fed-up Gen X midlevel manager sick of being taken for granted by unattached employer and tired of playing second fiddle to an older boss unwilling to retire. Looking for a new company that can give me the opportunity I deserve to grow. Still young, fun and full of life. Not afraid to be adventurous or try new things.

All levity aside, the idea that an impressive résumé doesn’t necessarily translate into a successful employee is what intrigues me most about this future eHarmony career service. I mean, regardless of how it’s fared since its IPO, Groupon was started by a guy with a music major. So who knows, maybe eHarmony will revolutionize the way companies hire. Maybe the service will flop and they’ll decide to just stick with the dating scene. I guess we’ll just have to wait a few years to see.

Max Mihelich is Workforce’s editorial intern. Comment below or email editors@workforce.com. Follow Mihelich on Twitter at @workforcemax.

Posted on May 6, 2013August 3, 2018

Companies That Don’t Embrace Social Media Might Be Treading Water, Experts Say

A couple of years ago, General Electric Co. wasn’t satisfied with how it was bringing good ideas to life internally.

Like most global organizations, GE struggled to create connections and share corporate information among its 300,000 employees.

So, in January 2012, the company launched GE Collab, a custom social media platform that is fundamentally changing the way GE employees communicate and collaborate. The platform features centralized dashboards and calendar-sharing tools to foster easy collaboration, and innovative user environments, called Streams and Canvas, that mimic the way consumers interact on popular social networking sites. The tools allow employees to follow each other, add hashtags to comments for easy searchability and link discussions to documents so the context of the conversation remains with the file.

“For years, we dabbled in virtual collaboration tools, but this pulls it all together,” says Ron Utterbeck, GE’s corporate CIO. “It’s solving the basic problem of how to find the right expert in a large organization.”

GE is among the many companies tapping trends in social networking to alter the way work is done and people are managed. And while few companies have the resources to build custom internal platforms, business leaders around the globe have begun to integrate social media tools into their business processes to improve collaboration, engage potential recruits and promote the corporate brand via employees’ own social networks. From posting company updates on LinkedIn and Twitter to collaborating with far-flung employees via SharePoint or Yammer, these technologies have infiltrated and improved the way employees do their jobs.

Despite success stories like GE Collab, many HR managers remain skeptical of the benefits social media brings to the workplace. According to a new report by the Center for Professional Excellence at York College of Pennsylvania, a majority of HR professionals complain that young employees abuse social media in the workplace, citing text messaging, inappropriate use of the Internet and excessive use of Twitter and Facebook as the most common violations. Some companies go so far as to ban all social media use in the workplace and block access to them via the corporate network in an effort to stop employees from wasting time online. But the data suggests that trying to deny today’s social media reality means missing out on better business results. Consulting firm Towers Watson & Co. has found that among employees who use internal social media tools for work-related purposes, 41 percent report improved productivity.

What’s ultimately needed is a new approach to management, experts suggest. Employers can reap the rewards, such as greater engagement and productivity, and avoid pitfalls if they embrace the new “social” paradigm, says Kathryn Yates, a global practice leader for communication and change management at Towers Watson. “Managers have to stop being afraid of these tools,” she says. “The key is to train managers and employees about how to use social media in a productive way.”

In just the past decade, social media has surged from a college student pastime to a full-fledged corporate phenomenon. Facebook was founded in 2004, but by December 2012, it had an average of 618 million daily active users. Similarly, LinkedIn and Twitter also have experienced skyrocketing growth.

To be sure, the explosion of social media activity carries risks for organizations. They range from tricky questions about whether companies or employees own social media content and contacts to the possibility that employees will embarrass the brand with ill-advised tweets to concerns about complying with National Labor Relations Board guidelines on protected employee speech. In addition, young employees in particular are defiant about their social media activities. In a recent survey, nearly 3 out of 4 millennial workers said they don’t obey corporate information technology policies, and 66 percent said IT departments have no right to monitor their online behavior, even if that behavior is conducted using company-issued devices on corporate networks.

And as the York College of Pennsylvania survey shows, there are legitimate fears that social networking equates to “social not working.”

“It is often a concern we hear that employees will spend their time playing on social networks rather than working,” says Adam Wootton, director of social media and games at Towers Watson.

But to ban all social media use in the workplace and block access to social media sites is not the best approach, Wootton says. “A blanket ban on social media or draconian rules is more likely to lead to employees just using their smartphones or other channels to use their preferred social networks.”

On the other hand, companies should not adopt a complete hands-off approach, experts say. Improved productivity will only come when employees understand the right and wrong way to use social media on the job, and managers provide guidance on what’s expected, Yates says. “Most people will respond appropriately if you communicate that social media at work is OK as long as it’s used to get your job done and doesn’t compromise your performance or that of others,” she says.

Companies increasingly are getting that message. They are welcoming social media and weaving into the way they do work.

Consider network communications technology company Cisco Systems Inc. As part of its new-hire training, every employee at Cisco is educated about the appropriate way to use social media, and unless they are blogging as a spokesperson for the company, they are instructed to note that their comments do not necessarily reflect those of the brand.

But after that management trusts them to do the right thing, says Brett Belding, Cisco’s senior manager of IT mobility solutions. “It’s not our responsibility to police how people work. It’s about whether they get their jobs done.”

This willingness to trust employees is part of the broader corporate culture at Cisco, which acknowledges that employees’ work and personal lives bleed together, he says. “We don’t care if someone checks Facebook at work, because we know eventually they are going to work a 10-hour day or take a 9 p.m. call.”

Cisco also recognizes that when employees post to social media, it can benefit the brand. As Belding points out, he is just as likely to tweet about his next speaking engagement as he is to post pictures of his kids—and both types of posts bring value. “It humanizes the company,” Belding says. “It shows the world that we are not just a logo. We are people.”

Cisco’s employees are also experiencing greater productivity through the use of the company’s internal WebEx Social platform. The tool makes it easier for dispersed teams to collaborate virtually, which cuts downtime, reduces travel and face-to-face meetings, and enables them to get feedback from a broader circle of Cisco experts in less time.

“I can post a configuration on the network, and five minutes later an engineer will tell me why they wouldn’t do it that way or what I should do to improve it,” Belding says. “It’s a lot more efficient than emailing documents back and forth.”

Cisco’s internal social network also provides Belding with a customizable dashboard that lets him see his newsfeed, check meetings, review work streams and approve purchase orders or vacation requests in a few clicks. “It takes a lot of friction out of the process when you put all of that information into a single view.”

At GE, Utterbeck started building the custom collaboration tool in 2011 in an effort to improve teamwork and make it easier to access corporate knowledge. GE Collab is helping to make those searches easier, and to bring the GE community closer together. “It’s like crowdsourcing information,” he says. “I can ask a question, and within one minute, five different people in the company will tell me what I need to know.”

And it’s only just the beginning; Utterbeck’s team continues to roll out new features and is working on advanced search tool that make it easier to identify expertise in the employee population by looking at what people write, the groups they participate in and their past work experience.

Cisco and GE may be leading the trend to embrace social media for workplace management, but many organizations are just beginning to figure out how these tools can support their broader strategic business goals.

In most companies, social media as a corporate tool begins with recruiting. Talent managers use Facebook, LinkedIn, Twitter and YouTube to educate potential recruits about the company, promote the corporate culture and mine potential candidate pools.

“It’s a great way to put your message out there,” says Corey Munoz, the Arlington, Virginia-based director of talent management for BAE Systems, a global defense and aerospace company with 100,000 employees worldwide. Just two years ago BAE blocked the use of Facebook, YouTube and other social media platforms on the company’s network. Now, however, it supports employees’ use of social media, and takes advantage of popular sites to woo new recruits. “Because we are a U.K. company, we are less visible in the U.S., so we use social media sites to engage potential recruits and to communicate with them about our company.”

His team posts videos on YouTube featuring employees talking about their roles on cutting-edge projects. They also have corporate profiles on Facebook, Flicker, Twitter and LinkedIn, and host a LinkedIn group for high-performing BAE alumni. The LinkedIn group serves two roles, Munoz says. It helps BAE’s best employees stay connected, and at the same time it demonstrates that the company values and supports its top talent. “It sends a signal to potential employees that we have a robust high-potentials program,” he says.

Putting a strong corporate message out via social media is vital for attracting top talent in today’s workplace. Forty-seven percent of employees say a company’s online reputation matters as much as the job offer, according to a recent survey from staffing services firm Spherion Staffing.

Employees are looking for a clear corporate mission that is reinforced by a company’s social media profile and practices, says Sandy Mazur, a division president at Spherion. “Both of which have significant implications for how well businesses attract and engage their workforce.”

Munoz credits BAE’s change in attitude about social media to the leadership of Linda Parker Hudson, the company’s president and CEO who came onboard in 2009. “She is driven by technology, and has set the tone” for social media use around that, he says. She also blogs regularly, and encourages employees to post comments and repost company updates to their own social networks, and to use tools like Yammer and SharePoint to build communities of practice and network with each other. “It energizes employees and makes them feel connected,” he says. “It’s not like the old email discussions threads that no one ever read. These tools generate discussions.”

Being able to connect with peers is a vital piece of the corporate social media value proposition, says Hope Koch, a Baylor University associate professor of information systems. And those connections don’t all have to be directly related to a specific project or business outcome. Social media tools can also serve to build a stronger corporate culture by fostering more personal connections, she says.

Koch studied the use of social media at a large financial firm where new recruits built a homegrown network to connect and collaborate. The employees, who had been recruited from college campuses all over the country, used the site to share information about apartments and restaurants, help each other get acclimated to the company, and build new friendships in an unfamiliar environment. “It humanized the workplace,” she says.

These softer connections benefited both the employees and the business, because it led to a greater sense of organizational commitment and better employee engagement. “For millennials, mixing their work life and their social life via online social networking created positive emotions for the employees who use the system,” Koch says. “These emotions led to more social networking and ultimately helped the employees build personal resources like social capital and organizational learning.”

This type of personal engagement drives direct business value, Yates says. Research from Towers Watson shows that highly engaged employees generally produce better business outcomes than their less-engaged co-workers. The research also shows that organizations with high levels of sustainable engagement—which describes the intensity of employees’ connection to their organization—enjoyed an average one-year operating margin close to three times higher than that of organizations with low levels of engagement.

GE is already seeing such benefits because of Collab. The platform has more than 200,000 active users, and the response has been overwhelmingly positive. “We solve problems faster, and we have more confidence in the business choices we make,” Utterbeck says.

GE’s leadership is equally impressed, giving Utterbeck full support for the project. “They want people from all levels of the organization to be able to collaborate and communicate just as if we were a small company,” he says. By harnessing the power of social media, he’s enabling just that.

Sarah Fister Gale is a writer based in the Chicago area. Comment below or email editors@workforce.com. Follow Workforce on Twitter at @workforcenews.

Posted on April 2, 2013August 3, 2018

Creating a Secure ‘Sandbox’ on Employee Devices

Just two years ago, containerization was in its infancy, Suby says. But today, 20 percent of companies use some form of containerization on their mobile devices, according to a 2012 survey conducted by Frost and the International Information Systems Security Certification Consortium, a professional group. And that number of organizations tapping container technology is expected to rise as more companies adopt BYOD policies.

“Companies needed to find a way to exert control over their data,” Suby says. “Creating pockets of control on end-user devices is one way to achieve that.”

Sarah Fister Gale is a freelance writer based in the Chicago area. To comment, email editors@workforce.com. Follow Workforce on Twitter at @workforcenews.

Instead of banning risky apps, many companies create password-encrypted environments on users’ mobile devices. These isolated virtual workspaces, sometimes called “containers” or “sandboxes,” allow users to manage corporate data and run business apps including their corporate email and meeting software, without having them intermingle with personal data.

The technique lets users have dual personas on their devices, explains Michael Suby, vice president of research for Stratecast, a division of consulting firm Frost & Sullivan.

The business apps in the container can communicate with each other, but cannot exchange data with external apps. The information technology team is also able to monitor and control all the data that goes in and out of the container, and can remote-wipe that section of the device, while leaving the rest of it intact.

“It’s an evolution in mobile device management,” Suby says. And adoption of so-called “containerization” is on the rise.

Posted on March 5, 2013September 1, 2023

Employers Turn to Biometric Technology to Track Attendance

When hourly employees arrive at Greathouse Screen Printing in San Diego, instead of punching a time clock they smile into a biometric facial recognition device that sits on a counter at the front of the shop. In a matter of seconds, the device identifies them, automatically punches them in, and sends the data to a cloud-based time-and-attendance software program.

The company’s owner, Shawn Greathouse, implemented the biometric clock from Processing Point Inc. a year ago to streamline his time-management process and to ensure that he was only paying employees for the hours they worked.

“Buddy punching was definitely part of the decision,” Greathouse says. “It was never an out-of-hand problem, but it did happen.”

Buddy punching—the practice of punching another employee in or out when they aren’t there—is one of many forms of time theft.

A 2009 study conducted by Harris Interactive Inc. showed that 21 percent of hourly employees admit to stealing company time. While only 5 percent participated in buddy punching, 69 percent said they punch in and out earlier or later than scheduled, 22 percent put additional time on their time sheet, and 14 percent didn’t punch out for unpaid lunches or breaks.

“It’s all a form of fraud,” says Lisa Disselkamp, director at Deloitte Consulting and co-founder of the Workforce Educational Organization, a nonprofit time and labor management research firm in Richmond, Virginia. “When employees inflate their time, it directly impacts the bottom line.”

Many employers are implementing biometric time clocks to make it harder for hourly workers to steal company time. Whether the device uses facial recognition, fingerprint tracking or vein-pattern scanning, these clocks can eliminate time theft by verifying the identity of those clocking in, and creating a digital audit trail so time sheets can’t be altered.

“Biometric technology won’t tell you if someone punched in then ran back to their car,” Disselkamp says. “But it will validate that employees are on the premises when they say they are.”

They also make time and attendance data—and payment history—much more defensible. Digital time tracking means employers can prove that they paid employees for the hours they worked and demonstrate to safety auditors that they had the right number and combination of employees on-site at any given time.

Such validation has become increasingly important in recent years as lawsuits involving fair-wage practices have picked up. More than 7,000 wage-and-hour lawsuits were filed in federal court in 2011—up 32 percent from 2008, according to published reports. The primary complaint in these lawsuits was that workers were being forced to put in more than 40 hours a week without overtime pay.

The U.S. Labor Department recovered $225 million in back wages for employees during fiscal 2011. And that number is likely to increase, as the Labor Department’s Wage and Hour Division continues to add new investigators to pursue violation complaints.

The best way for employers to fight these lawsuits—assuming they are unfounded—is with data, says Andrew Newby, chief operating officer of ProcessingPoint Inc., a business service provider that offers a line of biometric time clocks. “Many courts side with employees in claims that they were underpaid or not given fair overtime,” he says. “But if the employer has records that shows employees were paid for the hours they worked, the case goes from a ‘he said, she said’ to one based on facts.”

Along with tracking all original punches, most biometric software programs will indicate if a punch has been changed along with the original punch time, and may require a manager’s note explaining why the change was made, which prevents tampering.

“It’s important to have these tracking features for the audit trail,” Newby says.

All of these biometric fraud controls were appealing to the leadership team at Yarco Co., a real estate management firm based in Kansas City, Missouri. Yarco has 400 employees managing 100 properties in 10 states, and 375 of them are remote hourly workers.

However, the number of external workers wasn’t the only impetus for making the switch to a biometric time management system, says Grant Kaufman, Yarco’s director of operations. His team was looking for efficiency.

“We did an HRIS conversion to Ceridian in 2007, and once that was done, we realized we had to get rid of our clunky, old time-and-attendance system,” Kaufman says, referring to a human resources information system.

Before the conversion, Yarco relied on hand-written time cards that employees filled out once every two weeks and faxed to their manager. Once approved, the company’s two payroll staffmembers would spend the entire weekend deciphering the handwritten faxes and manually entering the time data into the Ceridian system so employees could be paid on time.

“It was brutal,” Kaufman says. The faxes were difficult to read, and even when they were legible, they were trusting employees to be completely honest about their hours.

When Kaufman began exploring alternative systems, the Ceridian sales rep connected him with M2Sys Accelerated Biometrics, a technology company in Atlanta. A few months later the company rolled out an M2Sys finger-vein-reader clock at all 100 property sites.

The tool was easy to use. Employees create a template by doing three scans of their finger so the system can record their vein pattern. After that, employees just slide their finger into the reader, and it records the punch in less than 30 seconds.

Despite this ease of use, Kaufman’s team went to all 100 sites to conduct training and to talk to employees about what biometric technology is, how it works and how the data would be used.

“We handled it all with kid gloves because we knew some people would be touchy about Big Brother issues,” he says.

This is a common concern among employees who fear their data is going to be used against them, says Michael Trader, president of M2Sys. “Invasion of privacy is the biggest obstacle employers face,” he says. “But it’s important to note that no image is ever stored.”

The vein reader—and all biometric time clocks—don’t take actual pictures or fingerprints of employees. They scan the identified features and translate them into a numbered code that corresponds with a specific employee ID. Without an associated picture, the scans can’t be used to track an individual or steal that person’s identity. “It’s just an encrypted binary data stream,” Trader says.

Kaufman’s team also explained the benefits of the clock to the employees—they could be paid sooner, it would eliminate handwriting confusion and data-entry errors, and it meant they no longer had to remember their hours for the biweekly time sheets.

“Once they realized how easy it was to use, we didn’t get as much flak as we thought,” he says.

And while he’s certain the company has reduced the incidence of time theft, the real benefit came from the efficiencies of the new system. Thanks to the automated system, they cut the time it takes to process payroll by 90 percent and were able to cut one full-time payroll staffer. “The savings were unreal.”

Educating employees about how biometrics work can go a long way toward easing their fears and getting buy-in for the technology, Greathouse says. “They are going to punch in one way or another,” he says. “If you address their concerns about the technology upfront, it won’t become a problem.”

Sarah Fister Gale is a writer based in the Chicago area. Comment below or email editors@workforce.com.

Posted on February 25, 2013August 3, 2018

Does Social Media Change the Meaning of Solicitation?

Consider the following scenario. Your company uses sales representatives to sell its products. To protect your company’s relationship with its other employees, you require all sales reps to sign a no-solicitation agreement as a condition of their employment. Under the agreement reps cannot “directly or indirectly solicit, entice, persuade or induce any … employee … of the Company … to terminate or refrain from renewing or extending his or her employment, association or membership with the Company … or to become employed by or enter into a contractual relationship” with the employee executing the no-solicitation agreement.

If an employee connects with co-workers on Facebook or any other social network, and then leaves your company, has he violated the no-solicitation agreement by maintaining the connections?

According to the court in Pre-Paid Legal Services, Inc. v. Cahill (E.D. Okla. 1/22/13), the answer is, “No.”

In this case, PPLSI complains that Facebook posts that tout generally the benefits of Nerium as a product and Defendant’s professional satisfaction with Nerium constitute solicitations presumably because some of Defendant’s Facebook “friends” are also PPLSI sales associates and may view Defendant’s posts….

PPLSI has not shown any intent on Defendant’s part to solicit current PPLSI associates…. There was no evidence presented that Defendant’s Facebook posts have resulted in the departure of a single PPLSI associate, nor was there any evidence indicating that Defendant is targeting PPLSI sales associates by posting directly on their walls or through private messaging.

In other words, because the employer could not demonstrate any intent on the part of the departed employee to solicit other employees via Facebook, the mere fact that they are Facebook friends is not enough to violate the no-solicitation covenant. Presumably, the same logic would hold true if the no-solicitation covenant applied to customers instead of employees.

One case does not equal dogma (although Cahill did discuss and agree with another similar case from an Indiana appellate court). These cases are highly fact specific and depend as much on the court’s perception of the parties’ equities as they do on the language of the challenged agreements.

If, however, you are concerned about ex-employees using Facebook, Twitter, LinkedIn, and other social networks to lure employees or customers, why not include language in your no-solicitation agreement to cover such a possibility?

“Solicitation” includes, but is not limited to, offering to make, accepting an offer to make, or continuing an already existing online relationship via a Social Media Site. “Social Media Site” means all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else’s web log or blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat room, in addition to any other form of electronic communication.

By defining “solicitation” to include passive social media connections and activities, you are at least putting yourself into a position to have a court consider shutting down an ex-employee for maintaining online relationships.

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Jon at (216) 736-7226 or jth@kjk.com.

Posted on February 7, 2013July 24, 2024

Workplace Social Media Policies Must Account for Generational Issues

Cisco recently interviewed 3,600 Gen Y College students and workers between the ages of 18 and 30. The purpose of the survey was to gauge the influence of social media, mobile devices, and the Internet on that generation’s job choices. The results (via Gen Y Hub) say a lot about how companies should be managing the divergent expectations of different generations in the workplace.

  • 2 out of every 3 college students will ask a prospective employer about its social media policy during a job interview.
  • If a company bans the access of social media in the workplace, 56 percent either will not accept a job or will ignore the policy.
  • 1 out of every 3 value social media freedom over salary.
  • Approximately 70 percent believe that corporate devices should also be used to access personal social media accounts.

Generational issues might be the most important interpersonal aspect of managing social media in the workplace. Yet, this issue is rarely discussed. Each generation has a very different idea both about the role of technology in their daily lives, and the impact of technology on their concepts of personal privacy. A policy that only recognizes the interests of one generation will chase away the others. Take the time to craft a workplace technology program that properly accounts for the divergent ideas of Boomers, X-ers, and Y-ers.

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Jon at (216) 736-7226 or jth@kjk.com.

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