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But sometimes its regular employees social media antics that make for much more shocking stories. Pulse Nightclub Mass Shooting: Remembering the 49 Victims, 6 Years Later, Remembering the 59 Slain Victims of the Las Vegas Concert Massacre, 3 Years Later, 'Secrets of Playboy' : Breaking Down the A&E Docuseries' Biggest Bombshells About Hugh Hefner's Empire, 15 People Reveal the Biggest Drama They've Ever Seen Go Down on Facebook, 18 Managers Reveal the Stupidest Things Employees Did to Get Themselves Fired, Doors Guitarist Robby Krieger Gets to the Truth of Rock's Most Mythologized Band with New Memoir, Celebrities Who've Tested Positive for COVID in 2021, Celebrities and Politicians Getting the COVID-19 Vaccine: See the Photos, Heroic Spouses, Beloved Teachers, Devoted Parents: Remembering the Victims of the Las Vegas Massacre, PEOPLE Picks the Best New Books of the Week, Sophia Bush Says She Fought with 'One Tree Hill' Boss Over Underwear Scenes: 'I Was Really Ballsy'. Make it clear to all employees the consequences of misuse of social media and that dismissal is a potential sanction. By making use of the internet or some other technology when individuals abuse others is termed as cyberbullying. Many individuals are bullied online. There are various destructive as well as opposing effects due to social media misuse. In addition to implementing policies, businesses are now taking precautions to protect against specic risks associated with misuse of social media, such as: Misuse of condential information (80%) Misrepresenting the views of the business (71%) Inappropriate non-business use (67%) Disparaging remarks about the business or employees (64%) The use of social media sites, such as Facebook, Instagram and Twitter has become widely accepted in today's society. The comment contained limited information about the victims medical status. **The information included within this blog is not intended to be legal advice and may not be used as legal advice. The boss found out and predictably fired him on the spot. As his brother-in-law, Graham told the BBC: "After 21 years is it appropriate to sack the manageress who's created a culture and environment at this special home in the way that they have?" Marketing people or employers can gather such details and make use of it in the future in a number of ways. A group of resident doctors took pictures during operations. Tweets can be reshared long after theyve been deleted and the risks of someone keeping evidence is more likely with senior executives. In 2012, one of the early cases of misuse of social media came to the government's attention, when morphed pictures and videos of earthquake victims began to go viral on social media. Wagner told the police that someone else used her computer to access the records after she logged in. 1. While she did not include the childs name, her Facebook profile listed where she worked. It would be good to have sound knowledge about the security features of social media so that inappropriate contents can be avoided. She was pretty upset about it for a while, but tells the story at parties now and gets that its pretty funny.. Employees typically get a co-worker on their level to clock in or out for them when they aren't really in attendance. As youngsters post videos, pictures, or upload anything, they must remember that digital footprints are left behind by them. Employees and management, for that matter need to be reminded that passion is good, but anger is not. A fellow colleague brought the comments to the attention of management, who were concerned that staff morale might be affected and that they were inappropriate. My female friend (18) was DMd through Twitter by the news presenter (37) of our city. . So, if an employee can create viral videos about mixing paint his employers product and accumulate an influencer status with 1.4million followers on TikTok youd think hed be fast-tracked to promotion. In another example, a B&Q worker was dismissed for gross misconduct for posting on Facebook that his place of work is beyond a ******* joke. Our fifth example is a real red mist moment. Despite the company declining to comment officially, Yelps CEO felt compelled to issue not one but five tweets rebuffing Talias accusations. Talia Jane left Yelps Eat24 in San Fransico, in her own words, in a blaze after writing an inflammatory open letter to her CEO about her poor pay rate. 5. With just a quick Google search, almost anybody can find out about you on social platforms like Twitter. For example, non-work-related use of the internet at work, viewing of inappropriate material such as pornography, and harassment of colleagues or criticism of the employer on social media might all constitute employee misconduct.. While it didnt give specifics, it stated that the hospital took action based on their policies and procedures. 1. My sergeant suspected I was involved with this woman so she looked me up on MySpace, saw the blog post, and 3 months later, I was discharged for homosexual conduct. For examples, employers can take a look at their Facebook picture and profiles for illegal actions. Due to their gross negligence of the HIPAA Privacy Rule, the nursing home terminated both of them. You wouldnt shout and scream at someone in the office, so dont do it on social media. The show didnt go into detail what happened to her, only contained a scene where she was shown sobbing after hearing the news. True and instant messages can be known by means of social media rather than print media and television. MUSC Health notified the parent immediately after the hospital learned of the post. A tribunal will look at the wider circumstances and many competing factors when deciding on the reasonableness of a dismissal decision. A fair disciplinary process was said to have been followed by the employer (Trasler v B&Q Ltd ET/1200504/2012). Use of this policy will help employers ensure that use of social media by employees is appropriate and in the interests of the business. County Executive Ron Woody apologized for the incident. The impact of social media mainly relies on individuals use and misuse. Her employer suspended her due to misuse and unprofessional use of social media platforms. Each company needs to consider three ways in which social media can impact it. (iii) sexual harassment. These are illegal as well as serious activity that takes place due to social media misuse. Whether employees dont understand what violates HIPAA, or they dont care, some still neglect following the rules for likes on the social web. This also holds true for celebrities and public figures. The Office of Civil Rights (OCR) fined Elite Dental Associates for disclosing PHI on Yelp. hbspt.cta._relativeUrls=true;hbspt.cta.load(1774394, '1eb71b2e-63b7-481c-a2c0-935722e3c5d6', {"useNewLoader":"true","region":"na1"}); "Conquering the world, one well-dressed fat lady at a time.". He posted it at 9 a.m., and was told he didnt have a job at 11 a.m., 2. The lesson for disgruntled employees here is that if you want to let off steam, do not do it on Facebook; someone you know might see it. When made a comparison with other tools, social media websites have enhanced potential to be misused. Under crimes act 1958 stalking is mentioned as a criminal offense. Use Social Listening to Improve Your Company. It reduces employee productivity. My boss asks me, to this day, the funniest question Ive ever been asked: What do you see here? I smiled and told him it looked like employees wearing scarves. 1. (vii) an infringement of the privacy of staff and other persons . This is " the process of monitoring social media channels for mentions of your brand, competitors, product" and any other aspects of your company you want to learn about. Let's use this stock photo as an example. Some social media sites have the potential for content posted there to spread virally over social networks. Porter maintains that she didnt leak any protected health information and that her punishment is the result of whistleblowing over equipment shortages. The lesson for any employer faced with a derogatory comment on a social media platform is to consider what damage the comment has made and to treat the situation in the same way as misconduct in the real world would be treated. 7 Examples of Data Misuse in the Modern World Facebook and Cambridge Analytica Twitter Amazon Google Uber Morgan Stanley Leave.EU and Eldon Insurance Organizations also need to conduct risk assessments to monitor positive, negative as well as personal uses. Time depletion: The biggest disadvantage of social media networking is that it takes up a lot of student's time and addicting. Anyone know how to pass a drug test in 24 hours?! 25, 2011. As the name implies, social media involves the building of online communities or networks to encourage participation and engagement. Most employers know that policies regulating technology use in the workplace, especially when it belongs to the employer, are necessary. Some of these were accidental. I posted on Facebook, One week on the job and my coworker is trying to kill me; worst driver ever. The next day I was called into my bosses office with the girl sitting there with an expressionless look on her face, and there was a printout of my post. Postbank Postbank, South Africa's Post Office Bank, fell victim to a major insider-caused security breach. head of the pitch team had even sent around emails for three days reminding people not to share anything on social media, small social media presence can post big repercussions. Apart from teenagers and children, staffs in an organization also misuse social media. Graziano filed a lawsuit against the hospital, Wirth, and Wagner. Graziano's ex-boyfriend then posted information from the records on Twitter. The claimant argued unsuccessfully that his Facebook comments speculating about a female colleagues sexual activity was a private matter and his human rights had been breached. 14. It would be good to advise kids and teenagers to avoid accepting friends request from unknown people and ones who dont reveal their identity. If a practice posted this on their page and it was a real image, they could end up getting sued. Instead, I sit and spend my time scrolling on phones or computers. The organizations digital footprints need to be checked periodically with the help of social media monitoring sites. According to the website NewMedia Trend Watch, nearly two-thirds of UK internet users have an active Facebook account and that probably explains why most cases that come to light involve unwise status updates on that platform. Spending too much time on social media harms teenagers as it leads to concentration problems and it is making youth unproductive. While the focus is on the two doctors in the front, there's still a patient behind them. can be achieved to a greater extent with social media. The employer noted that her activities would have had a demoralising effect on other employees at the company who would have known she was on sick leave whilst pursuing these other interests. Sexual predators make use of this information for many reasons. Although she deleted them and issued a public apology and had worked on campaigns for marginalised voices - she was fired. Because the employer went into the investigation with a "presumption of wrongdoing," it hadn't . I had to fire an employee for a tweet he wrote about a customer. 3. How to Retweet on Twitter the Right Way to Boost Reach, Which Is The Best Blogging Platform for You to Choose, How to Optimize Website for Mobile Users? He was talking about her beach pictures and how she is really pretty and how they need to get together. Wagner accessed Graziano's medical records, charts, and files without authorization. The public unrest happened because of the gruesome videos of George Floyd and Breonna Taylor. Consider using this sample internet and email policy to provide clear guidance to your employees about what constitutes appropriate internet and email use at work. There was also a survey conducted where British teens of about 39% regretted what they posted. Joined a games studio alongside a guy whod just finished his philosophy degree. They serve lessons for employers and employees alike on avoiding the fallouts from a social media post gone wrong. Knee deep in chicken droppings.. ClickFunnels Review: Is It Over Hyped or Really Good? However. She was a terrible driver, and almost wrecked multiple times. His claim for unfair dismissal failed because the tribunal held that the decision to dismiss was proportionate to the seriousness of the offence or offences. Seven or eight employees were rightfully fired for that one., 4. As Marketing Dive reports, the employee has now gone to work for a competitor, Florida Paints, who will supply the viral TikTok creator with materials to use in videos and work with him on developing a line of custom products. Justine Sacco later explained that her tweet was not intended to be racist - that living in America puts people in a bubble and she was making fun of that bubble. Hear her story tonight on @kcranews. This way, theyre making an informed choice when they choose to post. She mentioned that this would violate HIPAA regulations, but she posted pictures anyway. But youngsters are sitting with social media an hour every day and wasting time. Whether their post was intended as a 'harmless joke' or a genuinely appalling opinion, these social media faux pas lead to people being fired. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Apparently they wanted to see the kind of person I was, and I told them I like my privacy., 5. But remember not to act too hastily with disproportionate discipline measures - consider what your actions say to your customers and the public too. Hence seeking help, donation, social service, etc. are on social media for certain people. Jacobs sent a video to a fan through an Instagram direct message that included one of her patients, a non-verbal pediatric. The main reason to blame social media is that its simple and fast to initiate a nasty rumor, comment, upload embarrassing photos, or send an intimate message. Few examples would be by contacting the victim by means of email, message or phone call, following the victim, publishing any material online associated to the victim, by hacking the victims computer, providing offensive material to the victim, monitoring the victim, etc. Nurse Lillian Udell shared a video with online publication The Intercept. Adapt it to suit the needs of your culture and the environment you want to provide employees at work. Was any harm caused to the employers business by the comments? He also posted he would do some "busting", which the employer took to be a breach of its social media policy and was threatening in tone. It was my first week on the job a week at a law firm, and had to ride with one of the female employees to the UPS store. He is particularly interested in social media usage in the workplace. The residents sister and her husband didnt believe that Rachel should have been fired despite it being defined as gross misconduct. The main beneficial factor in using social media is connectivity. The nurse posted details of the boys condition to an anti-vaccination support group on Facebook. "A former colleague of mine posted about how he was going to use up all his sick leave then quit. Did they undertake not to repeat the comments? There are some trends coming through in the approach that Employment Tribunals take to misuse of social media. For example, a co-worker might clock an employee in if they are running. "The answer is no, it's not.". I sued for wrongful termination and won., 19. Social media helps students as well as teachers for educational purpose. !, It SERIOUSLY blew up and she ended up getting fired a few days later. CNBC article indicates that 28% of employers fired employees because they use the Internet, during working time, for personal use, such as checking out social media, shopping online, answering private phone calls, etc. The post stated that the employee wanted to expose the friend. For example, measures ranging from instructions to warnings to termination without notice are conceivable. As a result, the organization immediately suspended nurse Jhonne Porter for a discussion she held in a private Facebook group with her colleagues. Follow him on Twitter @michaelscutt. After the friend informed a nursing supervisor of the post, she received a letter from the hospital. The Financial Diet told the cautionary tale of Ally, an assistant account executive who was fired for posting an Instagram photo after landing a new client. The following situations are obvious examples of unreasonable social media usage which would indisputably lead to a disciplinary: An employee with a high workload is found to be constantly viewing social media sites on their PC rather than doing the work required from them. He posted an obscene comment alluding to the promiscuity of a female colleague on his Facebook page. First, it needs to address how employees use social media for their personal, non-company use. Mrs Plant's employer introduced a social media policy, which gave examples of unacceptable social media activity, including placing comments online that could damage the reputation of the company. Connectivity is beneficial for a number of reasons such as business, getting new customers, marketing, etc. Just kidding. Employees can only use or disclose PHI when the HIPAA Privacy Rule permits or requires it, or with the authorized individuals signature. Examples of misuse include posting confidential information about pricing or customers on a network site where their action will clearly have a damaging effect for the business or general posts that customers could find offensive. It will not be enough for an employer to simply argue that the employee has breached its social media policy. Worried about exposure to the disease, the parent posted screenshots to the hospitals Facebook page. These resources are not intended to be full and exhaustive explanations of the law in any area. Elite was lucky that the fine was this low because each violation could have cost $50,000. Employee and Company each agrees and warrants that at no time in the future will Employee or Company make any statements ( orally or in writing, including, without limitation, whether in fiction or nonfiction) or take any . The video showed two employees taunting a 91-year-old resident suffering from dementia by waving a hospital gown in front of her. By the time the video reached Youtube Ocrans tragic death had already made national news. Texas Childrens Hospital fired a nurse who posted details of a patients conditions to a Facebook group. If no discernible damage is apparent and the employee is contrite, dismissal may be one step too far, even if the social media policy has been breached. According to research, my brain will become . For example, employers can use social networking sites to post challenging technical questions and then . They can scroll through their newsfeed and look at cute photos or watch exciting videos to keep their minds off work. 6. This year, as the race came to a close, it sent out emails . For example marriage, second life, etc. Social media means whistleblowing is now much easier and far-reaching. Last year a Massachusetts jury awarded an employee $2 million when the company's HR department was "snarky" and "hostile" to that individual's FMLA request and presumed he was faking it ( DaPrato v. MA Water Resources Authority). The hospital fired Wagner for violating HIPAA. He also posted he would do some busting, which the employer took to be a breach of its social media policy and was threatening in tone. Or Pinterest? Sample 1 Sample 2. As social media becomes more prevalent in society, it is necessary for the law to adapt and accommodate employers who need to protect themselves and other employees against social media misuse. Second, it should consider how it and its employees use social media for the company's business objectives. consequences of social media misuse. The key factor in any disciplinary situation is for the employer to have acted fairly and within the range of reasonable responses. Employers should have in place an email and internet policy . One month later, in October, one of the hospitals employees commented on a news story posted on Facebook about their daughter. Hope I dont get AIDS. An Unhappy Ending To A Happy Event Facebook, Twitter, and LinkedIn are well-known examples of social media platforms, but social media can be of different types. Everybody had similar meetings in the next few days. Such activities that spoil others reputation can be prevented. As Buzzfeed News reported, the paint manufacturer fired him on the grounds of "gross misconduct" that included "wasting properties [and] facilities," and "seriously embarrass[ing] the company or its products. The technician released the friends full name, date of birth, and that they had the sexually transmitted disease HPV. Conflicts of Interest. Youngsters also enter personal information that may have a phone number or can be obtained by chatting. Wagner accessed Grazianos medical records, charts, and files without authorization. About 42% of users visit social media before bed. Remind your employees that social media is not the place to air grievances and of the consequences if they do. With such fake profiles, sexual predators can get related or convince youngsters. It followed a fair procedure and her dismissal was held by an Employment Tribunal to be fair. Download full paper File format: .doc, available for editing Behold: 20 great reasons to A) use Pentagon-level security settings on your social media accounts and B) not post horrible things courtesy of Reddit. A survey concluded that enhanced use of social media would surely have a negative impact on the self-esteem of an individual. The big takeaway during all of this was that the employee wasnt authorized to look at the data. Getting into a damaging situation means everybody loses in some way and there is no doubt that prevention is infinitely preferable to cure. Fifteen minutes later someone showed me his five minute-old post of him riding quads saying something along the lines of Sometimes you just need to F-off from work. That put him on a final warning. This includes blogs, message boards, social networking websites (such as Facebook, Twitter, Snapchat), content sharing websites (such as flickr, YouTube, TikTok) and many other similar online channels. Step 1: Have an Internet use and social media policy A clear, direct Internet and social media policy is essential as a means of communicating to employees the limits of acceptable online communication and conduct. Learn how your comment data is processed. Social networking websites these days, request for personal information to be filled and this is easily accessible by people across the globe. The other disadvantage of social media networking is that individuals do not develop social skills. Time is precious and can be used for a number of productive accomplishments. He said he found it hilarious but it was unacceptable and he was disappointed. However, consider how you treat your staff. . You can find out more and change our default settings with Cookies Settings. 5 Things Every Social Media Policy Should Include, How To Overcome Objections To Social Media Training For Executives, Now Googling how to not wake up with swollen, Asian eyes, Give me a 2/10 on my chem problem, cross out all of my work and dont explain what I did wrong thanks a lot stupid Asian TA [teaching assistant]. Perpetrators have come to believe that coworkers are "fair game" in social networking. Someone found the new hire on Facebook and the guy had just posted 20 minutes after the interview, S! Her behaviour was clearly dishonest as she was supposed to be unfit for work as a Customer Services Representative for the company. . About midway through the video one of Udells coworkers expresses that if the hospital had the resources that they requested, Ms. Thus, a judge could rule that the HIPAA privacy rule was not followed. 15% of teenagers say that they are invited by strangers every day. Many cases are narrowed down, by researching social media accounts of associated individuals. There are many people on social media, sharing their videos and ideas about drug addiction. Not so for college student Tony Piloseno. The email, originally sent to all employees in March, detailed the health conglomerates newest addition to its social media policy. #isthatbad? and a lot of racist things. Further, in 2012, the misuse of social media came to the . A patient care technician in northwest Indiana posted PHI of a former high school friend. Cookies collect information about your preferences and your device and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. Yes it can be.When social media is misused, it leads to sexual harassment, criminal offense, employment obligations breach, unlawful discernment, misconduct, violation of students, staffs or parent's privacy, legal liability exposure, etc. Business Technology. The county attorney didnt think the post was a HIPAA violation, but he agreed that it was inappropriate. They started the company from scratch and now employ 30 people. And for employees do not post comments on social media sites in the expectation that the comments are private: theres no privacy in social media, the clue is in the word social. Moreover, there are millions of people who see and also follow your product to purchase it. After treating one of the officers at the crime scene, Smith posted on Facebook that said he felt like he saved a monster. There hasnt been any further discipline reported but this case is similar to another within this blog post. Lawrence C. It wasn't long before social media lit up and a city-wide search began for the alleged 'beer-tosser'. Ally admitted that the excitement got to her and, I figured, whats the harm in posting a picture and not even mentioning the new client in the caption to my 200 followers? The news team who originally found the community reached out to Facebook who disbanded it for the third time. Jon Ronson's TED Talk: When online shaming goes too far. An internal memo from Hospital Corporation of America (HCA) leaked to Business Insider in April 2020. Some of these were HIPAA violations from employees posting a patients protected health information (PHI) the social web. A co-worker of mine was fired recently because he got caught sneaking off from work to smoke weed and drink. The other important advantage of making use of social media is that it helps agencies to spy and find criminals. Michael Shadiack, an attorney with the law firm Connell Foley, explained that employers should include employees' social media activity in their . People leave the best aspects of social media and misuse it wasting time and energy. Talia Janes story also has a happy ending. For example, the "federal whistleblower protection law provides legal remedies for employees or job applicants who face retaliation for making protected disclosures of fraud, waste, abuse . MUSC Health does not release specifics on HIPAA breaches due to privacy and confidentiality laws. Elite responded to one review with a patients name, treatment plan details, and information on the patients insurance and treatment cost. After Breonna Taylors case came to a conclusion, a report came out stating that Norton Healthcare placed one of their EMTs, Will Smith, on leave. Mr Trasler argued that he had had a bad day at work and was letting off steam, whilst showing no remorse at any stage of proceedings. This is an example of a woman that lost her job because of what she said about her boss on facebook forgetting that they were actually facebook friends.. Final Thoughts. That was a clear example of reputational damage to Virgin Atlantic. 1. Shes obviously really dumb., 10. Adidas Learns that Phrasing Matters. Mrs Whitham, a team leader employed by the Respondent, engaged in an exchange of messages with colleagues on Facebook after a difficult day: I think I work in a nursery and I do not mean working with plants and Dont worry it takes a lot for the bastard to grind me down. Not only misbehaving on social media will lead to a loss of a job but also the wrong timing to use social media. The fan reported the video to the South Carolina board of nursing for violating HIPAA. 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