Anti-Employer Blogging: An Overview of Legal and Ethical Issues

Abstract

Anti-employer blogs, those which criticize companies or their employees, are posing significant legal and ethical challenges for corporations. The important legal issue is the conflict between the employee's legal duty of loyalty to the employer and the employee's right to free speech. Although U.S. and state law describes what an employee may or may not say in a blog, corporations should encourage employees to contribute to the process of creating clear, reasonable policies that will help prevent expensive court cases. The important ethical issue concerning anti-employer blogs is whether an employee incurs an ethical duty of loyalty. In this article, I conclude that there is no such ethical duty. The legal duty of loyalty, explained in a company-written policy statement that employees must endorse as a condition of employment, offers the best means of protecting the legal and ethical rights of both employers and employees.