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FAQ: Blogging on the job

By Declan McCullagh and Alorie Gilbert, CNET News.com on March 9, 2005

Summary

CNET News.com explains the dos and don'ts that could save you from getting fired.

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Being a blogger can get you in trouble nowadays, at least if you write something that sufficiently vexes your employer.

Delta Air Lines, Friendster, Google and Microsoft already have waved goodbye to employees or contractors who, in the opinion of a corporate manager, were unacceptably indiscreet in their online scribblings. As the popularity of blogs grows and search tools get better, such intracompany tiffs are likely to increase.

In an effort to separate fact from fiction, CNET News.com offers this list of frequently asked questions about blogging at work and at home. Feel free to contribute your own thoughts and experiences in our "talkback" section at the end of the article.

Can blogging hurt my career?
If you're already employed, your blog could get you fired. Delta Air Lines, Friendster, Google, Microsoft and Wells Fargo have all reportedly fired employees or contractors over the content of their online journals. In most cases, the bloggers were let go for either criticizing the company or fellow workers, disclosing embarrassing or confidential information or otherwise offending the boss' sensibilities.

How risky is blogging really?
Blog firings are relatively rare. In a recent survey of 279 human resource professionals by the Society for Human Resources Management, just 3 percent of companies reported disciplining bloggers and none reported firing anyone for blogging. You're more likely to get in trouble for fooling around online or downloading music at work. About half the companies in the survey said they've fired or disciplined employees for Internet use that was unrelated to work duties.

Blogging is a pretty new activity. Is my company likely to have guidelines and policies about it yet?
Few companies have created policies that specifically address blogging. But most corporate policies already address many issues related to blogs, such as protecting confidential information, upholding the company's reputation, and Internet use at work.

Can my employer fire me if I blog from home on my own time?
Yes. The odds of your company perusing your blog is slim. "But if your boss should see your blog and be offended by something there, in most states you have virtually no protection against being fired," says Lewis Maltby, president of the National Workrights Institute in Princeton, N.J.

Wait--does that mean that where I live matters?
Yes. California, New York, Colorado, Montana and North Dakota recently have enacted laws limiting when an employer can fire you based on something you do off-duty that's not related to your job. Note that blogging isn't singled out for special treatment in those state laws. "The broader issue is, 'Can your boss fire you for something you do in your private life he doesn't like?'" Maltby says. "In five states he can't. In 45, he can." (The Michigan legislature soon may consider a similar measure.)

That sounds pretty broad. Are there any limitations on an employer's ability to fire me?
Aside from the ones mentioned above, the general rule in the United States is that you can be fired for anything other than an impermissible reason such as your race, sex or sexual orientation. If you happen to disclose your religion or sexual orientation on a blog and you're fired as a direct result of that disclosure, you might have a case. Organizing a union through your blog also is protected under federal law.

What about the First Amendment? Doesn't that protect me?
Not if you're working for a private employer. Read the text again: It says "Congress shall make no law" that abridges "freedom of speech, or of the press." That doesn't say anything about private employers. The First Amendment protects you only from censorial governments.

Are there any court decisions involving bloggers being fired?
A Lexis search through federal and state cases didn't turn up any to date.

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