Running Header: UNFORESEEN CONSEQUENCES OF SOCIAL MEDIA USE

Mitigating the Unforeseen Consequences of Social Media Use Professionally and Personally
Jennifer Shearman
College of Southern Idaho

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Mitigating the Unforeseen Consequences of Social Media Use Professionally and Personally
The online disinhibition effect discusses how people have fewer inhibitions in posts made
with social media than they would in person. This can create unforeseen consequences affecting
individuals personally and professionally. Many of the laws in place were written before digital
communication and social media were main stream although court rulings are being used as
precedents as new cases arise as the laws wait to be updated. There are steps that can be taken to
mitigate the negative consequences from the use of social media in both personal and
professional and realms.
Posts on social media sites have led to increasing dismissals. Those few seconds it took
to take a picture or write a thought and hit the post button could lead to disastrous results if
conscious care is not taken. The National Labor Relations Board (NLRB) was created to enforce
the National Labor Relations Act (NLRA) and they began hearing complaints about employees
being fired because of social media posts. They not only decide on the cases but in order to help
alleviate the problem they issue reports with their findings and suggestions. The NLRB explains
the second report made two main points about social media:
Employer policies should not be so sweeping that they prohibit the kinds of activity
protected by federal labor law, such as the discussion of wages or working conditions
among employees. An employees comments on social media are generally not protected
if they are mere gripes not made in relation to group activity among employees
(http://nlrb.gov/news-outreach/fact-sheets/nlrb-and-social-media).
An employee can discuss work related issues on social media and that is an acceptable form to
come together to bring about change for the employees as a whole but NLRB states if the

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comments are not in relation to group action or seek to initiate, induce or prepare for group
action, or bring a group complaint to the attention of management then an employee is not
protected under NLFA section 7 (http://nlrb.gov/news-outreach/fact-sheets/nlrb-and-socialmedia).
National Labors Relation Board describes one situation providing examples of an illegal
social media policy. The employees were required to sign the contract to maintain employment
and one chose not to sign the policy, voiced concern to fellow employees and was later fired.
The employee filed a charge with the NLRBs Indianapolis Regional Office After an
investigation, the Regional Director determined that the Employers social media policy
contained several unlawful sections which restricted employees ability to discuss their
terms and conditions of employment, including an overly broad provision requiring the
Employers approval to solicit certain online friends or other social media contacts and
requiring employees to include a disclaimer in their internet postings about the company
or work-related activities. The Regional Director also concluded that the employee was
unlawfully discharged for talking to co-workers about concerns with the social media
policy and for refusing to sign the flawed policy (http://www.nlrb.gov/rights-weprotect/protected-concerted-activity/muncie-indiana).
She was reinstated with her position, provided back pay, and the company rewrote their policy.
This is one of thousands of examples. Some claims are dismissed and others the employee has a
rightful suite. It is important for employees and employers to be familiar with rulings of the
NLRB to protect their rights.

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In order to better educate and prevent these types of problems the National Nursing
Association developed a brochure specific to social media. The most common reason for an
individuals dismissal was the breaking of the HIPPA law. They caution against the use of cell
phones for taking pictures at work and being friends with current and past patients on social
media sites as it can blur the boundaries between professional and personal relationships
(https://www.ncsbn.org/NCSBN_SocialMedia.pdf ). Teachers are another group of professionals
that would be wise to follow this same council.
Social media postings are not only affecting employment but it has had a huge impact on
family law cases due to the influx of social media posts as evidence in court cases. The
information from social media and digital communication is much easier to acquire today with a
subpoena due to the fact the information is now owned by the social media sites and possession
is not had by the individual that sent the text, e-mail, or tweet.Lowrance and Hutul (2013) stated
the following:
According to the American Academy of Matrimonial Lawyers, more than 80 percent of
divorce attorneys surveyed reported an exponential increase in the amount of evidence
collected from social networking opportunities in the past five years. The purposes and
consequences of searches of social media produce rich information which can be used by
and against litigants on trial or in settlement negotiations. Text messaging is the most
common form of divorce evidence. There are cookies on your computer which show
each email whether you deleted it or not. Also the servers will have all erased and deleted
emails, so know there is no hiding despite what you may think. You can never be certain
of what is stored or archived, so if you do not want to see it in Court, do not write it.

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Brandt and Feehan (2015) explain In custody cases, for example, pictures of the parties drinking
or engaging in what could be considered inappropriate behavior can now be used to discredit a
partys character and ability to parent (p. 5). Pictures of a spouse behind on child support
posting pictures with a new car or other expensive things or activities can be viewed as hiding
assets or income. The private lives that individuals thought they were living are quite public
with social media.
Individuals need to think about things they are posting online. Colleges, employers,
recruiters and others are starting to look at social media sites to get a broader scope of the
individual. Postings can and do close doors but they can also provide insight that brings about
positive results as well.
Jobvites 2013 social recruiting survey found that recruiters are placing increasing
importance on candidates' social profiles. In fact: 93 percent of recruiters admit to
reviewing a candidate's online presence as part of the screening process. 42 percent of
those surveyed have reconsidered candidates based on their social media presence, which
resulted in both positive and negative re-assessments. Recruiters reacted most negatively
to references to doing illegal drugs (83 percent), posts/tweets of a sexual nature (71
percent), profanity in posts/tweets (65 percent), and spelling/grammatical errors (61
percent). On the flip side, recruiters reacted very favorably to posts/tweets about
volunteering and donations to charity (65 percent) (qtd. in Augustine 2013).
Counselors often encourage high school students to clean up their social media accounts before
applying for scholarships and colleges. Go through the posts eliminating those that would cause
red flags and be aware of what others are tagging you in. It is important for individuals to

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recognize the impact they can have on others with the posts and tags they create. It is best to
always ask for permission before tagging others and set security settings not allowing tagged
photos to be posted before the individuals approval. In an effort to minimize these unforeseen
consequences Dr. Phil McGraw shares the following advice,
It's important to know that once you put a photo online, even if you have privacy
controls, it can be copied, posted on other sites and your reputation could be tarnished.
The truth is, you can take some of these things out of context, put them all together in one
place, and it paints you as a very different picture than how you live your life. Even if
you delete that photo, it could exist in the cyber world forever and may come back to
haunt you when you least expect it (http://drphil.com/articles/article/556 ).
Employment status, family law suits, college acceptance and scholarships are a few of the
areas that social media can influence and effect consequences that most individuals dont think
about when they are posting. Even though the laws are outdated, court cases provide a
framework for recommendations and create a new status quo even though the laws are slower to
follow. Individuals can minimize the negative results by following social media policies of their
employers, controlling privacy settings, making conscientious decisions when posting, avoiding
posting in the heat of a moment, being selective with friends and followers, and not putting
anything online that you would not want shared in court.

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References
Augustine, A. (2013, December 30). How social media privacy settings could affect your future.
Retrieved from http://www.huffingtonpost.com/amanda-augustine/how-social-mediaprivacy-_b_4174008.html
Buck, Stephanie. (2012, September 4). 12 things students should never do on social media.
Retrieved from http://mashable.com/2012/09/04/students-social-media-warnings/
Brandt, J., & Feehan, M. K. (2015). Social Media Influences on the Practice of Family
Law. American Journal of Family Law, 29(1), 5-8.
How your online profile could sabotage your future. (n.d.). Retrieved from
http://drphil.com/articles/article/556
Lowrance, M., & Hutul, P.J. (2013, July 19,). Social Media in Divorce Proceedings. Retrieved
from http://www.familylawyermagazine.com/articles/social-media-in-divorceproceedings
National Council of State Boards of Nursing. (n.d.). A nurses guide to the use of social media.
Retrieved from https://www.ncsbn.org/NCSBN_SocialMedia.pdf
National Labors Relations Board. (n.d.). Muncie, Indiana. Retrieved from
http://www.nlrb.gov/rights-we-protect/protected-concerted-activity/muncie-indiana
National Labors Relations Board. (n.d.). The NLRB and Social Media. Retrieved from
http://nlrb.gov/news-outreach/fact-sheets/nlrb-and-social-media