Fired for Social Media Articles
Tamara Shopsin
By the time Susannah Winslow remembered that her ringer was off, she had seven text letters from her male parent, Dell, who was too her boss. Dell was the president of Downcity Motors, which endemic BMW, Range Rover, and Mercedes-Benz dealerships in Charlotte, North Carolina, and had been in the Winslow family for iii generations. Susannah, the general manager, was poised to take over in five years, when her dad retired.
It's Monday morning, Dad, she idea, sighing. Dell was an early riser who got to his office at 6:30 AM. Still, he rarely sent east-mails or texts at that hour. Something was conspicuously up.
"Dad, it'southward me," she said when he picked up the phone.
"Susie. Finally. We've got a problem. Kenton's been bad-mouthing the states on Facebook again."
Everyone at the company called James Kenton by his concluding name, a sign of affection and respect for one of their most successful salespeople. He had joined Downcity'south Mercedes dealership straight out of college and speedily became its biggest producer, far outselling his peers beyond the visitor's locations.
Dell continued, "Greg Coucher chosen over the weekend. I but heard the voicemail this morning." Coucher was Downcity'south contact at BMW headquarters. "He said that Kenton wrote something nasty well-nigh Friday's Mercedes launch, and he was glad it wasn't near a BMW. He implied that we need to keep a tighter rein on our staff."
Susannah had heard Kenton'southward griping nigh the rollout. Tyson Brook, the Mercedes dealership sales manager, had been in charge of planning it, but Kenton had been animate over his shoulder for weeks, asking for details. He wanted them to serve fancy canapés, not "depression class" food. When he institute out that Tyson was planning to use plastic tablecloths, Kenton had fifty-fifty come up past Susannah's office to say, "This isn't a Walmart employee picnic. We're selling luxury here. What are our customers going to think?" Susannah saw his point, only she also trusted Tyson.
"This is an embarrassment, Susie," Dell said now. "The kid clearly hasn't learned his lesson. He'due south got to go."
"Don't be rash, Dad," she replied. "I'll deal with it as soon as I'm in."
What'south Our Policy on This?
Tyson and Susannah were hunched over her computer, looking at Kenton's Facebook page. Dell sabbatum on the modest office couch with his artillery crossed.
Susannah read: "So thrilled that Downcity went 'all out' for the most important Mercedes launch in years. Nothing says luxury like plastic tablecloths and soda pop." Kenton had posted a photo of a soda can with the Downcity Motors sign looming in the background.
"OK," Tyson said, "It'due south pretty bad. I'll have him delete it."
"Just hasn't the whole globe already seen it?" Dell asked. He didn't have a Facebook account and wasn't interested in social media. His daughter handled Downcity's online presence.
"Not actually," Susannah replied. "He can restrict who sees it, depending on his privacy settings. And it looks like…" She clicked through to the details of Kenton's profile. "Shoot, he's pretty loose almost who can run across his posts."
"And then that'southward how Greg Coucher saw information technology?" Dell asked. "And how practice we know that no one at Mercedes headquarters has seen it?"
Susannah grimaced. She and Greg were Facebook friends; she assumed he had also friended staff members at the BMW dealership, who were most likely friends with people at the Mercedes dealership.
"Only people in Kenton's network can run across his posts, Dad," Susannah said, thinking of all the loyal customers whom Kenton had probably friended.
"Right," said Tyson. "Unless his friends repost the photo."
Susannah shot him a "you're not helping matters" await.
"I'll remind him that this is inappropriate," Tyson promised. "I'm sure he'll take it down, merely like concluding fourth dimension."
About a month before, another salesperson had let Susannah know that Kenton had posted two photos: One was of seven cars lined upwards for service in the lot with the explanation "Why am I here before the mechanics?" The other was of a BMW that had been driven into a pond by the sixteen-year-one-time son of a customer who had allow the male child take the wheel during a test drive. When Tyson and Susannah had talked to Kenton about the pictures, he'd said he was just sharing his piece of work experiences with friends and family unit. He then pointed out that they should think about taking a harder line with tardy employees and teenage exam drivers.
"We were clear that this shouldn't happen again," Dell said, and he was right. Susannah had asked Kenton not to post anything else that reflected negatively on Downcity or its customers and partners. "At some signal we have to question Kenton's judgment and whether he tin can represent the company."
Tyson looked shocked. "Are you lot suggesting we fire him? He posted this late Friday nighttime, clearly not on company time or from a company estimator. He thinks he's being funny. He's not trying to hurt the visitor."
"But he is pain it—at least according to Greg Coucher." Then Dell smiled. "Are you worried almost hitting your numbers without him?"
"Of course I am," Tyson said. That'south what you pay me to do, and he'south our biggest producer. Non just would we be kissing sales good-bye, but I'd take to train a new person."
Toby Diller, Downcity'south head of HR, walked in. "I'm pitiful I'm late," he said. "I got your e-mails, Susannah. Has anyone talked to Kenton yet?"
"I was about to," Tyson said.
"Allow'southward hear from Toby first," Dell said. "We let Kenton get away with a slap on the wrist terminal fourth dimension, just don't nosotros accept a policy on this sort of affair?"
Toby explained that technically they didn't. They hadn't yet updated their employee transmission to cover social media. He and Susannah exchanged glances. They'd been talking almost this for months, simply it kept dropping downwards on the to-do list.
"All we take is a line that reads, 'No i should exist disrespectful or utilise profanity or any other language that injures the image or reputation of the company,'" Toby said.
"Well, this seems to be a clear violation of that," Susannah said. "And what nearly the department on unauthorized interviews?"
Tyson jumped in. "He didn't give an interview. There's no journalist involved here."
"That's what Facebook seems like to me—people just interviewing themselves all day long," Dell said. "I don't get this generation. Not i flake."
"Don't be such a curmudgeon," Susannah countered. "We were all young one time, and if we'd had access to the technology Millennials have, we probably would have gotten into the same trouble."
"He'southward getting us in trouble—that's the deviation," Dell said. "Susie, figure this out. I recollect I've made my views clear. I'd be happy to come across him gone past the stop of the mean solar day, even if he is our top salesman."
Make an Case of Him
Susannah and Toby climbed into a Range Rover Sport. The dealership had few places for a private chat, then they often used the roomy interior of one of their cars.
"It's impossible to recall with Tyson and Dad hovering," Susannah said. "I just need to understand my options."
"I recall you've got three," Toby said. "First, since the photos he posted of the event were his own, and he was expressing his opinion—which he'south entitled to—on his personal Facebook page, nosotros could ignore information technology."
"That seems awfully lenient to me," Susannah said. "I don't want him—or anyone else—thinking this kind of beliefs is OK."
"The second selection is to brand an example of him. Because he damaged the company's reputation in a public forum, we could accept some sort of disciplinary action." Toby laid out a few alternatives: make a notation in Kenton's personnel file, asking that he rescind his remarks, or suspend him from piece of work, with or without pay.
"And you think we could legally do whatever of those things?"
"I do. I think we could even fire him. That's the third selection. He violated the employee handbook when he was disrespectful of the company prototype, and information technology was a 2d offense. That would prepare a clear precedent regarding employee social media utilize, which, given the age of many of our new hires, is becoming increasingly important."
Susannah asked if Kenton might sue. "He might," Toby said, "but I don't think he'd have a case. Information technology'due south non like this qualifies as free speech."
She wasn't so sure. Were they substantially censoring Kenton? What if he had posted something near poor working weather condition? Wouldn't that be protected?
Of course, her father and grandfather had always insisted on treating employees well. Other car dealers might bear every bit if salespeople were a dime a dozen, but Downcity was unlike, as its incredibly low turnover attested.
"I guess I'chiliad more worried about what he might say. Kenton's a proficient guy; if we insist that this can't happen again, I think he'll try his best. But if we fire him, he'due south essentially free to say any he wants about u.s.a.."
"I hear you," said Toby. "But I'm more than in Dell's campsite. We gave Kenton a second chance to demonstrate proficient judgment, and he failed again. As well, I don't think we can opt not to fire him just because of what he might postal service on Facebook. Then information technology's as if we're hogtied because he's such a hothead."
Kenton did have them in a bind, Susannah thought.
Get Ready for a New Generation
The next mean solar day Susannah went to Green'south Lunch with Rachel Evans, a ascension star on the sales team, for i of their regular get-togethers. Knowing how challenging information technology could be to work with almost all men, Susannah had taken Rachel under her fly.
"I know you probably can't talk about the Kenton thing," Rachel said after they'd ordered. "But remember when you asked me to help you improve empathise our generation? I wonder if I can shed whatever low-cal."
"You lot're right that I can't hash out it," Susannah said. "But I'll listen."
"I can see how this might not exist a big deal to Kenton," Rachel said. Susannah raised her eyebrows at the implication that he wasn't remorseful.
"Don't become me incorrect. I think he'due south a petty embarrassed. But we've grown up with social media, sharing our opinions with friends, family, and fifty-fifty our employers, so we all have a story about posting something we regretted. To be fair, though, he didn't say anything that wasn't truthful. He just added some sarcasm. We all idea the refreshments were a little off-brand."
"On the other paw," Rachel connected, "what he did was unnecessary and stupid. He got in trouble once merely all the same did it over again. He definitely should take improve privacy settings, and maybe he should think twice before friending his professional contacts. And he should arroyo Tyson or you directly if he wants things done differently at the dealership—not gripe with all of us or practice it online."
Susannah winced. Kenton had come to her and Tyson; they'd only ignored his feedback.
Rachel was on a roll: "If yous look through his feed, y'all'll run into that he says a lot of positive things most Downcity too. He loves his job and our cars, which is why he's and then good at selling them. Merely I worry that he just can't assist himself and it'due south only a thing of time before he does it once again."
Susannah smiled. "Thanks, Rachel. That was very helpful. At present let'due south talk about y'all. How was the briefing concluding calendar week?" But fifty-fifty as her protégé answered, she kept thinking about Kenton. Should he just exist reprimanded again? Or should the consequences exist greater this time?
Question: What should Susannah do near Kenton's Facebook remarks?
Megan Erickson Moritz is an attorney at BrownWinick Law Firm, where she practices employment police.
Susannah should not fire Kenton—at to the lowest degree not notwithstanding. Given the information she has, terminating or even disciplining him would put Downcity at risk for legal action.
Hither'southward why: Section vii of the National Labor Relations Act protects employees' right to engage in "concerted activities" for "mutual assistance or protection." Kenton'southward concerns nearly the marketing event may very well stem from its possible negative touch on vehicle sales and his commissions. Rachel suggests that other salespeople had similar feelings, so the Facebook post could exist construed every bit Kenton's expressing their views on a subject related to their employment. If that beliefs were punished, he would have a legitimate basis for filing an unfair labor do charge with the National Labor Relations Board.
Even disciplining Kenton would put Downcity at adventure for legal action.
Tyson may be correct that Kenton's gripes were his own, and Downcity could certainly argue that indicate to the NLRB, especially if no other employees "liked" or commented on them, or if some colleagues expressed business organisation that his behavior—more than the mismanaged event—was in fact likely to damage customer or vendor relationships. But request employees for a statement forth those lines could exist viewed as coercive, and Kenton would need only ane supporter to prove that he was voicing a shared opinion.
So before she decides what to do, Susannah should wait into what, if anything, Kenton discussed with others, whether anyone else shared his views, and whether whatever of their worries might reasonably be tied to wages, commissions, or other terms of employment.
One thing she and Toby should do at present, however, is whip the company's policies and practices into shape (with the help of experienced legal counsel) then train employees in them, clarifying expectations. The NLRB would most likely discover their current policy overbroad, which would also exist a violation. Downcity could comprise a clearer open-door policy, ensuring that staff members feel comfortable airing concerns with managers and that managers know they must mind and answer. This might assist lessen the likelihood that employees would air workplace complaints online.
In the existent case on which this account is based, the dealership fired the salesperson for ii Facebook-related events, and he disputed the termination with the NLRB. The judge concluded that criticism of the refreshments at a sales event probably amounted to protected activity but that the other mail service, lament near a State Rover blow at a unlike dealership, did not, because the employee hadn't discussed it with colleagues and it was unconnected to the weather condition of his employment. Because the dealership had based his termination on the latter, it stood—merely the visitor spent a lot of fourth dimension and money fighting the case, which I'm sure Dell and Susannah desire to avoid.
The frequent, multiple, and sometimes conflicting sources of data about recent NLRB activity make this area a compliance nightmare for employers. Even so, ane matter is clear: The NLRB has been aggressively expanding its reach regarding social media issues in the workplace. Susannah is better off giving Kenton some other warning and clarifying visitor policies so that Downcity is well prepared to accept activeness if and when this happens once again.
Alexandra Samuel is a cofounder of Social Signal, one of the globe's first social media agencies, and the author of Piece of work Smarter with Social Media.
Susannah needs to let Kenton become. I know from running my own company that nothing is harder than firing someone, particularly in a tight-knit family unit business. Just once you've warned an employee virtually a specific upshot and fabricated your expectations clear, y'all can't go on providing 2d chances.
If Downcity keeps Kenton, it leaves itself open up to ongoing risk: He didn't see why it was inappropriate to publicly mock a visitor event, so what might he post in the future? Ignoring that risk signals that employees can say what they desire online and get away with it. Worse, it tells both employees and partners that the company doesn't care if they publicly boldness ane another or the organization.
To be articulate, Downcity doesn't have menu blanche to fire whatever employee who posts something off-make on a social network. There'due south a world of divergence between a personal post that diverges from the company line and comments that explicitly disparage the business organization. Information technology might be uncomfortable if Kenton had criticized a competitor's event, or ranted about how badly BMW owners park, but neither would exist an law-breaking for which he should be terminated.
Once you've warned an employee, you tin can't continue providing second chances.
Also, any organization must tolerate social media commentary that's posted in the spirit of whistle-blowing. For case, if a female salesperson at Downcity wrote near her perceptions of gender discrimination at work, firing her would be a huge mistake. The visitor would be setting itself up for a lawsuit (and a PR disaster) and missing a valuable opportunity to accost the problem in a transparent style. Simply Kenton wasn't calling out the company for mistreatment. He was lament about its strategic choices.
Susannah is smart to try to sympathise the generational differences around social media. In terms of time spent on social platforms and the kind of personal information shared, younger employees may well vastly differ from their older colleagues. Merely age is no excuse for poor judgment, and specially later on his prior warning, Kenton should have known better.
Equally presently every bit Toby and Susannah take dealt with him, they should focus on writing and sharing that social media policy. Information technology should detail what'south unacceptable, including posts that bandage the visitor, its partners, or its customers in a negative light. Just it should besides prepare employees for social media success by describing activities that Downcity encourages and noting resources that tin assistance strengthen their online presence.
All this should be in accessible language, not legalese. I've written social media and customs policies for many sites and organizations; when the tone is conversational and helpful (rather than a list of "don'ts"), information technology inspires good beliefs as much equally it discourages bad.
Although Downcity didn't have an official social media policy when Kenton aired his criticisms on Facebook, he knew what his bosses expected considering they had told him. The media context may be irresolute, just employers however have a correct to insist that employees speak respectfully online most them and the products or services they sell.
HBR's fictionalized case studies nowadays problems faced by leaders in real companies and offer solutions from experts. This one is based on "Facebook Folly at Northeast BMW" (case no. NA0353), by Gabrielle R. Lopiano and Mary A. Watson (North American Case Research Association, 2015).
A version of this commodity appeared in the March 2016 issue (pp.103–107) of Harvard Business Review.
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