Bloggers @ Work

A 2007 study by a British consulting firm found that 39% of bloggers have written about their workplaces in a manner that they should not have—posts insulting supervisors, revealing sensitive employer information or generally detracting from their employer's good reputation. According to Croner, which conducted the survey of 2,000 blogging employees, bloggers have a tendency to complain about work in their blogs, commonly thinking that their employers are unlikely to discover their gripes among the many thousands of blogs out there. That's what Jessica Cutler, who blogged as the Washingtonienne a few years back, probably thought when she posted two weeks worth of entries about her sexual exploits on Capitol Hill. When she was outed by the DC blog Wonkette, her last post read: "I just took a long lunch with X and made a quick $400. When I returned to the office, I heard that my boss was asking about my whereabouts. Loser."

Cutler's story is a case study for the risks of confessional blogging. Not only was she fired from her job as an aide to Sen. Mike Dewine, she was sued by one of her lovers, Robert Steinbuch, for defamation to the tune of $20 million. In June 2007, she declared bankruptcy. (She also published a book about her exploits and posed for Playboy.) While Cutler's case may be extreme, it highlights several important issues. Blogging negatively about work is an excellent way to get fired. Even blogging about non-work topics in a way that reflects poorly on your company can result in dismissal. A few states offer protections for political speech. If you're involved in union organizing or work for a government agency, you have more protections. Using an employer's computers or network for personal use (with narrow exceptions for limited personal email, typically) is almost certainly against the employer's policies. If you are violating the terms of your employment, say, by using company resources to write even innocent personal posts, your employer may terminate you. But certain topics—such as working conditions—are generally protected. You can discuss these issues, even over company equipment.

But what about when you're away from work, using your own computer, your own network and your own time? Let's take a look at the Washingtonienne's out-of-office activity.

"Loser."

Anything negative you say about your company, your supervisor, your coworkers, your company's sensitive information or trade secrets can get you fired. The only exceptions, according to the Electronic Frontier Foundation, is when you're blogging about protected topics. These include unionizing activities, whistle-blowing and complaining about workplace conditions.

"I just made a quick $400."

Even if your blogs don't directly deal with work, you can be fired "at will" in most states. If your employer doesn't like you blogging about your sex life or doesn't like the particular details, they can fire you. (The exception is the above-mentioned workplace issues.) In most states, employment is at will, meaning you can be fired for no good reason, but not for an illegal reason. Union members and government employees have more protection, however. (On the other hand, if you're publishing proof of a sexual harassment claim that you've filed, a firing would likely be viewed as retaliation.)

A few states protect an employee's right to engage in political speech outside of work. Colorado, New York and North Dakota have laws that protect employees from being fired for personal expression, including political speech. California's laws prevent employers from firing employees for legal non-work expression, but the courts have interpreted that law narrowly.

Sued for $20 million.

For Cutler, even worse than getting fired from her $25,000 a year Capitol Hill job was being handed a $20 million lawsuit. While not directly related to employment law, the story serves as a reminder that what you blog can be tortious (if you defame someone) or even criminal (if you threaten to physically harm someone).

On the other hand, some companies are starting to realize that employee blogs have positive business impacts. Blogging about the company can provide valuable insights into customer satisfaction, provide rich new public relations opportunities and encourage customer feedback. If blogging is encouraged at your company, make sure you understand where the limits are, encourage management to define a blogging policy, and if you're unsure how a certain item will play, check with a supervisor before you post.