In years past, disgruntled employees went home and bad-mouthed their company to their loved ones in private. Now, disgruntled employees can go home and post their workplace gripes on their personal Internet page as a "blog." This is just one reason why employers need to address "blogging" in their employment policies.

A blog is an easy-to-create Web page on which its owner (aka "blogger") can post information and opinions on the Internet for all to see. For better or worse, blogging is on the rise. Estimates of the number of blogs range from 5 million to 10 million, with approximately 20,000 to 30,000 new blogs being set up each day.

Many blogs are harmless, containing information about the blogger's daily activities, family, hopes and dreams. Many employers even encourage their employees to blog as a way to strengthen relationships with customers and to promote the company's good name. These employers believe that blogs are an important source of information about their company and products.

Electronic Soapbox
Blogs, however, also serve as an electronic soapbox on which employees can stand and say things that their employers might not want anyone to hear. For example, an unhappy blogger may post nasty messages about his employer, claiming that it is unfair, cheap or corrupt. A careless or unscrupulous blogger may post confidential information about his employer on the Web. A racist or sexist blogger may identify his employer, and then post a commentary about his personal views that are highly offensive to the general population, including his employer's best customers.

The age of the blog raises a variety of questions for employers. What should the employer do when it discovers that its vice president of human resources maintains a blog and proudly worships the devil? What should the employer do when it discovers that the account representative it fired last month feels his former company "is made up of double-dealing thieves," according to a message posted on his blog? What does a hospital do when an orderly posts a list of unsafe working conditions on his blog, which, in his view, violate OSHA regulations?

Protected by Law
When answering these and other questions, employers must keep in mind that employment and labor laws provide numerous protections for employee-bloggers. For example, employers generally cannot discriminate against employees based on religion. So does that mean the devil-worshiping vice president cannot be fired? In addition, employees have the right to discuss their wages and other working conditions for purposes of engaging in what is known as "concerted activity" under federal labor law. So does that mean an employer cannot take action against an accounting employee who posts his coworkers' salary information on his personal blog?

Though the forum may be new, the issues raised by the speech are not. For example, the employer who is the victim of salacious statements on an employee's blog may still file a lawsuit against the offending employee for defamation. The employee who wrongfully discloses trade secrets and confidential information is not immune from legal ramifications, either. Blogging does have the potential to increase the harm resulting from the employees' actions because the Internet enables the blogger to reach limitless readers.

Employees who are fired for their blogging activities may claim that their termination violates constitutional rights of free speech. However, employees of private companies generally do not have rights to free speech. Private employers are generally allowed to fire employees for off-duty conduct that is not protected by law and reflects poorly on the company.

Written Policy Important
Since employee blogging is a recent development, the courts have not had a chance to provide much guidance to employers. It is, however, safe to say that employers should address employee blogging by developing and consistently enforcing a written policy on employee blogs. This policy should prohibit employees from making defamatory comments about the company and from disclosing trade secrets or confidential information. Beyond that, the blogging policy should address the type of statements and other blogging conduct that could result in disciplinary action and whether employee-bloggers may post information related to their employment on the Web.

Once an employer decides where it stands on employee blogging, it can distribute the policy to all employees, hold meetings and training sessions about its policy and then consistently enforce that policy. Through effective communication of a well-written policy, employers can place their employees on notice of the consequences that will result when they use blogging to combine their personal and professional lives on the electronic superhighway.