By Denika Hockenhull, Allie Martin, Victoria Mayhall, and Sarah Stude
Editorial Note
By Derek Ross
This column features ethics scenarios and issues that may affect technical communicators in the many aspects of their jobs. If you have a possible solution to a scenario, your own case, or feedback in general, please contact Derek G. Ross at derek.ross@auburn.edu.
In recent months, news services have been on fire with stories and debates over a series of reports from the National Labor Relation Board (NLRB), an independent government agency acting through the National Labor Relations Act (NLRA), that describe social media, such as Facebook and Twitter, as outlets of protected speech. In Case 03-CA-027872, Hispanics United of Buffalo Inc. and Carlos Ortiz, for example, the NLRB ruled that employees had been wrongfully fired for engaging in what their employer viewed as subversive activity on Facebook.
The NLRB has offered several rulings in favor of protected speech on social media outlets in recent years, but, as social media becomes an increasingly prevalent mode of discourse, the cases where employers or employees feel wronged are likely to increase. Where do you stand? We might all agree that disclosure of protected company secrets on a social network is an actionable offense, but what about simply complaining about your employer or employees? Are we ethically in the right if we use social media—as Mariana Cole-Rivera of Hispanics United of Buffalo did, when she questioned a fellow employee’s opinions—to call attention to our fellow workers?
The following ethics case, penned by Denika Hockenhull, Allie Martin, Victoria Mayhall, and Sarah Stude of Auburn University, is rich with several of these same questions. As always, all Intercom ethics cases are fictitious and are intended to provide opportunities to highlight and discuss ethical issues in technical communication. Any resemblance to real people or organizations is coincidental. Please send your responses to derek.ross@auburn.edu. Responses will be printed in an upcoming issue of Intercom as space permits.
— Derek G. Ross
The Setting
Juliet Jennings is the manager at one of Jennings Banking & Loan’s (JB&L) three branches in Avery Creek, North Carolina. Juliet’s grandfather founded the bank in 1932 and her father, Jordan Jennings, succeeded him as president. Juliet has worked for the bank for years, climbing her way up from teller to branch manager. Before he passed, Juliet’s grandfather revealed his wish for the president position to remain in the family. As an only child, Juliet is expected to become president of the bank when her father retires.
Timothy Martin, branch manager at the primary JB&L location, has been with the company for 23 years. He has proven himself to be a diligent, dependable, and competent employee. Martin is well-liked by both his employees and the company management for his efforts to be fair and honest in his business dealings.
In 2009, the JB&L administrative board established a policy regarding social media usage for all company employees. Although the board agreed that JB&L needed to formally address the matter, most of the board members did not have personal social media accounts and were uninformed of many specific issues associated with social media use in the workplace. The resulting policy was as follows:
Jennings Banking & Loan employees will refrain from using or posting on social media sites during working hours. Employees must maintain a professional image that does not reflect negatively on the company in their personal social media usage. Consequences for social media policy infringement will be at the discretion of respective branch managers.
In 2010, Kyle Porter, a teller at the primary JB&L location, violated the social media use policy by posting a photograph of himself posing inside the bank vault on Facebook via his smart phone. Not only did Kyle post the picture during working hours, but he potentially jeopardized bank security and portrayed JB&L employees as unprofessional and careless. Kyle and his manager, Timothy Martin, were friends on Facebook; therefore, Timothy saw the photo and knew it was a violation of policy but was unsure how to handle the situation. He then consulted with Juliet, and together they decided the photo’s online publication was grounds for termination of employment. Kyle’s case was the first violation of JB&L’s social media use policy, so they decided to set a precedent by firing him. Since Kyle’s termination, there have been no known social media use policy violations at any of the branches.
Decision-making Time
One day, Timothy arrived to work to find a frazzled employee who wished to meet with him immediately. She told him that she saw a disturbing status on Juliet’s Facebook page, which she felt negatively portrayed the company. Timothy went online and saw that Juliet had posted the following status after leaving work the previous day: "Should I be surprised that $500 is missing from our count? We all know who works at station 3!" Timothy has enjoyed a long professional relationship and friendship with Juliet and was shocked that she would disclose bank information on Facebook and deliberately accuse an employee of stealing money. This act was out of character for Juliet, as she has always shown great pride in her position as a branch manager and as a member of the Jennings family.
Timothy realizes that Juliet’s Facebook status may violate JB&L’s social media use policy. Because the policy is vague in regard to who would discipline a branch manager, he is unsure of how he should handle the situation. He knows that it is only a matter of time before word of Juliet’s controversial Facebook status circulates throughout all three branches, and not reporting her would violate his personal belief in professionalism and confidentiality. What image would he portray to his branch employees if he does not take action? If he does?
Should he report Juliet to the administrative board? If he does report her and Juliet does not get fired, she will most likely one day be his boss. Does he have the authority to report someone on the same level as him? Is it a conflict of interest since he and Juliet have a professional and friendly relationship?
Event Escalation
A review of the previous night’s count found a clerical error created the $500 discrepancy in the tally, rendering Juliet’s accusation not only inflammatory but groundless. After checking Facebook again, Timothy finds her status unchanged. By noon, rumors of Juliet’s status circulate through the branch. Timothy decides to report Juliet to the board since the policy does not provide the guidance necessary to address violators in similar positions of authority. Upon receiving news of the policy violation, the board finds themselves in a difficult position. JB&L set precedence in their termination of Kyle Porter in 2010. However, Jordan Jennings has made it clear that he expects Juliet to follow him as president in keeping with his father’s wishes. How should the board proceed? Should the bank president be involved? Should Juliet be terminated? How would her termination affect the bank’s future?
Social Media Use in the Workplace
As of October 2012, Facebook had one billion active users, surpassing the United States as the world’s third largest population, behind China and India (Bradley 2012; Key Facts n.d.). The average user visits the site 40 times per month and spends an average of 20 minutes on the site per visit (Burbary 2011). Its increasingly ubiquitous use in the workplace has sparked heated debate with arguments for personal privacy clashing with those for professional expectations as managers and policymakers struggle to find a balance (Kaplan and Haenlein 2010).
Many businesses and companies have developed and enforced policies to handle social media use in the workplace. In 2011, 42 percent of corporate compliance officers reported using disciplinary action for social media misconduct, but only 31 percent of organizations had policies related to social media use (Dean 2012). Dismissals for social media policy violations have occurred globally, but the course of action is not always so clear cut, especially when dealing with matters of free speech. In fact, recent court cases have ruled in favor of an employee’s right to vent about their workplace on social media outlets, particularly Facebook (Hoag & Zick 2013).
The Technical Communicator’s Role
As a technical communicator, you may have no bearing on the decision that the administrative board makes in this case, but how could you apply your skills to improve the social media use policy? How would you then assist in communicating the policy changes to JB&L employees?
Denika Hockenhull is a graduate teaching assistant in the Master of Technical and Professional Communication Program at Auburn University, where she teaches first-year rhetoric and composition.
Allie Martin is a graduate student in the Masters of Technical and Professional Communication at Auburn University where she works as a graduate assistant for the ATTW Book Series in Technical and Professional Communication.
Victoria Mayhall is a graduate student in the Master of Technical Communication Program at Auburn University, where she works as a graduate assistant for the Office of External Affairs in the College of Liberal Arts.
Sarah Stude is a second-year graduate student in the Master of Technical and Professional Communication Program at Auburn University, where she teaches English Composition II.
References
Bradley, T. 2012. Facebook Headed For One Billion Members in 2012. Macworld. Retrieved from www.macworld.com.au/news/facebook-headed for-one-billion-members-in-2012-42751/.
Burbary, K. 2011. Facebook Demographics Revisited—2011 Statistics by Ken Burbary. Facebook. Retrieved from www.facebook.com/note.php?note_id=97149076992338.
Dean, L. 2012. Take This Job and Tweet It. Spilman, Thomas, and Battle, Attorneys at Law. PowerPoint Presentation. Retrieved from www.slideshare.net/MRDC1230/take-this-job-and-tweet-it-social-media-policy-13033314.
Hoag, F., & Zick, C. J. 2013. NLRB Confirms that Comments Posted on Social Media May Be Entitled to Protection. Lexology. Retrieved from www.lexology.com/library/detail.aspx?g=579ee7d3-bfea-4615-b4ea-18e9d2fe32bd.
Kaplan, A., & Haenlein, M. 2010. Users Of The World, Unite! The Challenges and Opportunities of Social Media. Business Horizons 53.1: 59-68.
Key Facts. n.d. Facebook Newsroom. Retrieved from http://newswww.lexology.com/library/detail.aspx?g=579ee7d3-bfea-4615-b4ea-18e9d2fe32bd.
