As if you need more headaches, new technology’s making it even harder to guard against lawsuits. Here’s one company that’s getting dragged into court because of an employee’s private, at-home online activity.

An employee at software firm Cisco wrote an anonymous blog, which he used to criticize patent lawyers. He stepped over the line when he wrote particularly disparaging comments about two attorneys involved in a suit against Cisco.

They found out the author’s identity, and they’re suing him for defamation. They’re also suing Cisco, despite the fact that the blog was personal, written from the employee’s home and never mentioned any affiliation with the company.

Why’s the employer being blamed? Allegedly, the employee’s supervisor knew what he was writing, and never told him to stop.

Blogging policies: What you can do …

This case shows the increasing need for employers to write policies regarding Web use — even activities that occur outside the workplace. A helpful strategy might be to remind employees they can never be truly anonymous when they write online. Other keys to an effective policy:

• No blogging at work. You can’t control everything employees do, but you can tell them how they’re allowed to use the company’s time and property.
• Harassment rules apply to online communication. If someone would be punished for saying something in person, they can be punished for saying it online, too.
• No leaking confidential information or trade secrets.
• People should not identify themselves as agents of the company or imply that they represent the company’s views. (Cisco wrote a new policy requiring employees who blog to include a disclaimer that their opinions aren’t indicative of the company’s.)

… and what you can’t

There are limits to what employers can restrict. For example, the National Labor Relations Act (NLRA) gives employees the right to discuss pay and working conditions — and that protection applies to blogs, too.

In one case, an employee was fired after writing a blog that criticized company management and union leadership. He sued, claiming his writing was protected under the NLRA. The court agreed and the company lost the case (Cite: Konop v. Hawaiian Airlines, Inc.).

Also, check your states’ laws. Some prohibit disciplining employees over political speech, or for legal, private activities.

Tags: blog, Cisco, court, policy, sued