Thursday, April 16, 2009

Ban Twitter at Work?

Q. I work at a large hotel chain, and my company is saying we can't Twitter at work. Whatever happened to the First Amendment and freedom of speech? Can my boss ban Twitter at work?

A. Generally, yes. Assuming you are employed by a private employer and not a governmental entity, you essentially have no First Amendment rights at work. Sounds harsh, and many employees are surprised to learn of this, but generally speaking the First Amendment only prohibits the government from interfering with your freedom of speech. It does not usually apply to private employers.

At this time, there is no federal law preventing your boss from banning Twitter at work. Many employers are updating their policies, given the new technologies available to workers. Some employers are implementing policies to ban social networking tools based on concerns of employee productivity and to protect confidential company information. It is always important for employees to know the policies of their companies, so it's critical for employees to keep updated and read employer policies and the employee handbook.

Is it wise to ban Twitter at work? Maybe, maybe not. But so far, there is nothing stopping employers from stopping the Tweets.

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