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Wise, Patty A. "Tweet, Tweet, You're Fired." Employment & Labor Relations Law 7.4 (2009): 712. Academic Search Complete. EBSCO. Web. 23 Apr. 2010.

In a recent article on the potential risks associated with social networking sites and the workplace, Patty Wise wrote on some of the issues that are facing employers. Wise explained with the rise in popularity of social networking sites employers are facing many potential legal threats that they would have never had to have dealt with before. Wise begins by giving the example of Heather Armstrong, a graphic designer who was fired after writing negative posts about her job on an anonymous blog. Her employers, Wise explained, were justified in Armstrong’s termination because she had violated the companies zero tolerance policy pertaining to “negativity.” In another example under similar circumstances Wise cites the case of Richerson v. Beckon. Richerson had been a teacher and non-evaluative faculty mentor but was demoted after she had made derogatory blog posts about a fellow employee. After the demotion Richerson sued the school board claiming that her 1st Amendment rights had been violated. Though Richerson did not win when her case went to trial, Wise essentially concluded that the school board could have been better insulated from legal trouble had they implemented an online conduct policy prior to the incident. Beyond the potential danger of “Cybersmearing” (libel and defamation that occurs online) Wise also explained how blogs can benefit employers such as looking at the blogs of job applicants. While this is can be a useful tool Wise warns employers should consider delegating the task to a “non-decision-maker” so that the employer is not exposed to information that the law prohibits in making employment decisions, such as age, sexual orientation, or religious affiliation. In addition to the number a warning signs Wise shares with employers; she encourages them to be proactive by meeting with lawyers to create clear policies that pertain to the employees’ online conduct and what is acceptable conduct on the company property such as PDA’s, cell phones, or computers. By being proactive in these areas Wise asserts that there will be much less room for interpersonal and legal issues.

Wise’s article is important to take into consideration when asking if users should trust social networking sites with their personal information because it points the conversation into the realm of the employer. Many times the focus of the debate in the realm of the work force centers on the consequences an employee has suffered due to something they had posted online. Wise’s article is important because it shifts the focus on the role of the employer and brings to light the many internet related issues that the employers have to deal with. Rather than writing an article focused on how an employee can protect himself from his employer, Wise makes it a matter of how an employer can protect himself from his employees. With the ever growing popularity of social networking sites, employers are now more responsible for what their employees say outside of work than ever before. Instead of simply painting them in a bad light, as thought they are just looking for an excuse to fire someone, Wise explains the rationale behind the tough choices many employers are having to face. By presenting employers in this sympathetic light Wise is able to communicate an often vilified element of the debate, the suggestions she makes would not only help the employer protect himself but also make him appear more forthright with his workers. At the same time this forthrightness doesn’t diminish the fact that the employer’s rules are not simply passive suggestions to be accepted or rejected, the article clearly illustrates the steps that an employer can take within the limitations of the law to protect the company. The article demonstrates the benefit of letting employee’s know the rules from the beginning as a means of keeping issues such as Richerson v. Beckon from ever happening in the first place. The article is also important because it lays out, in detail, a number of issues that lead to a “which came first” scenario in the internet centered work force, should business take the time to check on employees blogs in order to keep their reputation, only to tarnish their reputation by firing an employee over something they posted online.