Frequently Asked Questions
We have a social media policy, isn't that enough?
No. This is the myth that is hurting public and private employers. Courts view social media as a high liability activity, especially on an employee's personal mobile devices, blogs, and Facebook accounts. Plaintiff attorneys prove deliberate indifference by using your policy and any discipline incidents to prove the need for expert training was "obvious".
See City of Canton v. Harris 489 U.S 378.
Why can't we use our own in-house attorney or attend state conferences?
Busy in-house attorneys use our programs because they are not media attorneys with 25 years of electronic media law training experience. Association conferences are usually general panel discussions that leave you with more questions than answers.
What makes your training so different from other workshops?
The big difference is my complete focus on electronic media law content strategies, not after-the- labor law consequences. Employees are broadcasters and must understand fundamental mass media law principles. Also, very few attorneys have 25 years media law training experience and years as a television anchor.
What type of social media lawsuits can we expect?
Most lawsuits stem from free speech myths on personal mobile devices, blogs, and Facebook accounts. Contrary to popular belief, courts are holding employers liable for an employee's personal use of social media. The average social media libel, harassment, privacy, failure to train lawsuit is 500, 000 dollars and up.
Why can't we just claim budget cuts?
f you are hit with a costly social media related lawsuit, you will be making a lot more budget cuts. Try telling a judge you can't afford 10 dollars per employee for expert training, but you have no problem paying out hundreds of thousands of dollars in a blog libel claim. See Espinoza v. County of Orange, 2012 WL 420149 (Cal. App. Ct. Feb. 9, 2012)
What solutions do you have?
Provide expert social media liability training that protects both the employee and the employer. Employees learn new electronic media writing skills to drive safe content. And, employers can mitigate their liability in a legal claim by showing they provided employees specialized social media liability training.
People are going to do bad things with training. Why bother?
You can't tell a jury or judge you didn't train becuase employees would mess up anyway. That type of statement will cost you a lot of money. Courts view employees as broadcasters and assign a higher duty of care to people who use mass media. To avoid cybernegligence you need to have foreseeability. You have to anticipate the harm, especially if you knew or should have known the powerful capability of social media.
"This was an eye-opening
course that blew away my other
social media courses."
~ Peter Nickischer, Berks-Lehigh Regional, PA
Over 100, 000 Attendees Can't Be Wrong
"All department heads, supervisors, managers, and other staff need to take this course. It will save your organization thousands in legal fees."
Attorney Linda Frosch, Councilwoman, Maitland, FL
"Very informative. This was much more in-depth than any other social media course I have taken."Sue Dry, Deputy HR Director., Lancaster, PA
"Very eye-opening and thought provoking with a lot of pertinent information." John Petrelli, Risk Manager, Orange County, FL
"Policies must be based on the "operational realities" of your organization. Staff meetings, memos, and lectures do not constitute clear policy communication to employees."
City of Ontario, Cal. v. Quon
130 S. Ct. 2619 (2010)
Which of These Mistakes Are You Making?
Most employers think they're safe because they have a written social media policy. Unfortunately, your policy and training is 99% likely to have dangerous gaps.
Some of the most common scenarios that leave you open to professional – and maybe even personal – responsibility for even accidental violations include:
- Using a fill-in-the-blank policy template (this approach does not produce a policy that is customized enough to meet the new U.S. Supreme Court legal standards)
- Modeling your policy on another organization’s policy(this also results in a policy that has inherent flaws and won't meet the new U.S. Supreme Court legal standards)
- Not backing up your policy with employee training (the law is clear – a written policy isn’t enough, you must enforce your policy with specialized training)
- Letting your training department create an employee social media liability training program (without an in-depth knowledge of the quickly change social media laws, they are guaranteed to miss vital information)
- Relying on your busy staff attorneys to write your policy and stay current on social media law (social media law is evolving at a dramatic pace – and unless this is their #1 area of focus, you’re certain to be missing key information)
- Asking staff attorneys to deliver social media policy training (to deliver effective training that keeps adults engaged and achieves objectives, you need a social media law trainer … not merely someone who is familiar with law)
The Real Reason that Experienced Labor Attorneys Turn to Mark
When you end up in court because an employee inadvertently violated a hidden public record, privacy or libel law, the court will ask you two questions:
1) "Was your social media policy and training designed by an expert in the field?"
2. Is your instructor both a media attorney and professional trainer?"
Mark Fiedelholtz, the country's leading electronic and social media communications attorney and trainer, fits the bill … and offers the resources you need to protect yourself and your agency
Social Media Policy Programs
Social Media Training Programs
Ensure that your written policy doesn’t contain hidden gaps that leave you exposed to costly liability with:
Give your employees the education they need to avoid accidental liability with:
Policy Review Program:Social media law attorney Mark Fiedelholtz reviews your policy in-depth and offer concise strategies for closing any dangerous gaps. Learn more…
On-Line Policy Program. An on-demand, on-line training course that walks you step-by-step through the process of writing a customized social media policy for your organization. Learn more…
Comprehensive Social Media Policy Program: Get the education you need plus Mark’s personal assistance in creating an airtight social media policy. Learn more…
Teleseminars: Our convenient on-demand teleseminars deliver the specific education your team needs to avoid accidentally violating social media laws. Learn more…
Public Seminars: Our 1-day seminars offer in-depth training that will open your eyes and deliver dozens of specific strategies you won’t learn at industry conference. Learn more…
In-House Training: Bring any of our public seminars to your organization … an affordable and convenient way to train your team. Learn more…
Train the Trainer: The tools, training and follow-up support you need to develop an airtight social media liability policy – and train your entire staff in house. Learn more…
Go Beyond Your Previous In-House Training
Open These Doors To Protect Yourself.