Legal Question in Business Law in Illinois

It has come to our attention at the workplace that employees are posting issues and complaints about the workplace on social media networks. One of these complaints were directed towards our customers and the issues that were being discussed were sensitive issues that involved raises and firing of employees. My question is what do we do as a workplace to address this issue. I know we cannot monitor people all the time but some of the statements reflected our business negatively. I know people have a right to their opinions but the statements they made I think could be considered libelous which is not protected speech if I am correct? I would hate to think that if our customers read these postings that they would think differently of us and not want to do business with us anymore. We do not have a policy discussing this so I am asking what would be an acceptable way to resolve this so we do not have problems in the future.


Asked on 3/12/11, 11:38 am

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

A charge of libel requires the statements to be false and malicious, but can be difficult to prove. Suggest that employees be required as a condition of employment to refrain from mention of workplace issues, either as a provision of an employment contract or separate statement; employer should set such policy as a condition of employment which does not violate right to free speech. They still have a right to free speech but no right to retain their employment upon clear violation of company policy.

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Answered on 3/12/11, 1:37 pm


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