The company’s Facebook was claimed and established by their employees, and the unregulated posts included photos of a karaoke party with many of the employees tagged in them. I don’t need to go into detail, but you can imagine this kind of representation was not appropriate for a company page. Whoops!
I am pretty sure this was an innocent, albeit, irresponsible mistake by whoever started the company page as a way for them to share party photos with their colleagues. But the lesson here is that you should search your own company online and make sure it’s not being misrepresented in any way. It also reminded me of a legal case known as PhoneDog v. Kravitz.
"PhoneDog v. Kravitz, No. 11-03474 (N.D. Cal. Nov. 8, 2011), was a case in the United States District Court for the Northern District of California about whether Twitter accounts and their passwords could be company property or trade secrets. In this case a mobile device news website PhoneDog sued Noah Kravitz, its former employee, after Kravitz refused to turn over password information for the Twitter account he developed and cultivated during his employment. When Kravitz asked the court to dismiss this case, the court held that Twitter accounts and their passwords (as described by PhoneDog) could constitute trade secrets and that failure on behalf of the employee to relinquish an account could constitute misuse of a trade secret or "trade secret misappropriation." This case is often cited in arguments for the importance of including clauses about social media account ownership in employment contracts." - Wikipedia
It is important your business claims ownership of any current or future social media sites. Sometimes people in management rely on younger employees to engage and manage their social media sites, which is fine, as long as you make sure you have clear rules in place for it. As long as it is clearly distinguished as a business page versus an employee’s social or personal page. And it would help to have a clause in your employee contract that all admin rights and login information must be turned over upon employee termination or resignation. Protect your company’s image and make sure you are well aware of what’s being put out on social media about your business.