Social Media and Labor Law
Or How to Navigate Legal Challenges and Avoid Pitfalls
Social Media and Labor Law
Or How to Navigate Legal Challenges and Avoid Pitfalls
I’m back with another story about people who made their professional dream come true. I sat down with Elena Isaeva, a law firm managing partner; among other things, she provided legal advice to major IT companies. Now Elena helps online stores and companies like these map out their legal workflow: develops contracts and offers, structures work with personal data and intellectual property.
Elena and I talked about the legal aspects of social media: how to avoid problems with your employer, what posts can get you fired, how employers react to employees' building their personal brand and how a non-compete works.
Elena’s legal practice area is intellectual property and digital products.
Elena and I talked about the legal aspects of social media: how to avoid problems with your employer, what posts can get you fired, how employers react to employees' building their personal brand and how a non-compete works.
Elena’s legal practice area is intellectual property and digital products.
ABOUT THE SPEAKER
Elena Isaeva
is a law firm managing partner; among other things, she provided legal advice to major IT companies. Elena’s legal practice area is intellectual property and digital products.
Source: courtesy photo
A February evening. The city is covered in cold silver, frozen and unmoving. Winter frost has made patterns on wide windows. We’re having a video call, enjoying a quiet winter night. Elena is in her office, sitting cozily in her chair. She is talking about rights and risks and the legal weight of every word. How remarkable it is, she muses, that everything we say and write now has legal consequences. The conversation is unhurried, bits of wisdom exchanged, warm smiles all around. This is a genuine, real interaction that brings both of us a lot of joy.
JULIA:
Many employees now have their own blogs, with some commenting on professional topics and some just sharing their thoughts. How to have social media and avoid legal problems with your employer?
ELENA:
Yes, we post a lot more than vacation photos now. Social media have become part of the professional image. Sometimes, unfortunately, they can cause problems. There are a few things to consider:
• Find out what makes a trade secret for your company. Don’t post it. Simple as that.
• If the post is work-related, discuss it with your boss first, especially if it features a company name, logo, mentions projects or clients. You might think you’re talking about a busy day at work, but even a harmless post like that can get you in trouble with lawyers. "Harmless" has a very loose definition in the legal field. It might well mean fines for the company.
• Think before you hate. We’re all people, and we all have emotions, but the internet never forgets. A social media post can be used as evidence—and against you, at that.
If an employee wants to build a personal brand or talk to the entire internet, they should definitely talk to their boss first, at least to find if there are some nuances or things that cannot be talked about.
• Find out what makes a trade secret for your company. Don’t post it. Simple as that.
• If the post is work-related, discuss it with your boss first, especially if it features a company name, logo, mentions projects or clients. You might think you’re talking about a busy day at work, but even a harmless post like that can get you in trouble with lawyers. "Harmless" has a very loose definition in the legal field. It might well mean fines for the company.
• Think before you hate. We’re all people, and we all have emotions, but the internet never forgets. A social media post can be used as evidence—and against you, at that.
If an employee wants to build a personal brand or talk to the entire internet, they should definitely talk to their boss first, at least to find if there are some nuances or things that cannot be talked about.
Source: courtesy photo
JULIA:
What type of posts can get you fired?
ELENA:
As we've established, if you post something related to a trade secret, then they have the legal right to let you go. A car-making company (IzhAvto) fired an employee after he posted a picture of a new car model before it was officially unveiled to the general public. They found it to be a breach of trade secret.
You can also get fired for ethical reasons, and that is an entirely different matter. A different can of worms, if you will. A school in Tyumen fired a teacher in 2023 for uploading a photo of her smoking hookah. It might have been harmless, but the employer thought it was not appropriate for an educator.
Social media are a gray area: publications are not legally assessable until they have caused harm. It may just be a personal opinion, but if it gets viral, the situation changes. Take this, for example: readers call for a boycott of the company where an employee works. This is serious, so it gets investigated.
You can also get fired for ethical reasons, and that is an entirely different matter. A different can of worms, if you will. A school in Tyumen fired a teacher in 2023 for uploading a photo of her smoking hookah. It might have been harmless, but the employer thought it was not appropriate for an educator.
Social media are a gray area: publications are not legally assessable until they have caused harm. It may just be a personal opinion, but if it gets viral, the situation changes. Take this, for example: readers call for a boycott of the company where an employee works. This is serious, so it gets investigated.
Source: courtesy photo
JULIA:
How do employers react when an employee doesn’t just post something on social media but builds a personal brand? They might have an expert blog or give lectures, for example.
ELENA:
A personal brand is great. It shows that the employee is a professional, that they are known, read and trusted. But if it starts to overlap with the company’s interests, then it’s not that simple.
You can’t tell them to quit, but you can ask an employee like that to sign a non-compete. The employee would sign a document stating that they agree not to work for a competitor for a certain period of time after they leave—for a certain amount of money.
You can also get them to sign a non-disclosure agreement (NDA). If an employee builds a personal brand and then accidentally or intentionally discloses confidential company data, the consequences can be serious. It can be considered a crime.
So if you are an employee, then it’s always good to talk about legal boundaries in advance. In fact, some companies encourage their employees to build a personal brand, with their reputation benefiting from it.
You can’t tell them to quit, but you can ask an employee like that to sign a non-compete. The employee would sign a document stating that they agree not to work for a competitor for a certain period of time after they leave—for a certain amount of money.
You can also get them to sign a non-disclosure agreement (NDA). If an employee builds a personal brand and then accidentally or intentionally discloses confidential company data, the consequences can be serious. It can be considered a crime.
So if you are an employee, then it’s always good to talk about legal boundaries in advance. In fact, some companies encourage their employees to build a personal brand, with their reputation benefiting from it.
JULIA:
How does a non-compete work?
ELENA:
It’s complicated. Russian employers use them sometimes, but they do not always work. Courts often say that their terms and conditions affect labor rights, and you can’t really restrict labor.
The weakest point of non-competes is their non-enforceability. If the court reviews a case like that, it’s often because either the employee violated the terms and conditions and took a job with a competitor, or the parties did not initially agree on the amount of compensation or used vague language.
Non-competes should word their clauses very carefully. Being vague is your enemy. Only sign them if they are actually enforceable.
The weakest point of non-competes is their non-enforceability. If the court reviews a case like that, it’s often because either the employee violated the terms and conditions and took a job with a competitor, or the parties did not initially agree on the amount of compensation or used vague language.
Non-competes should word their clauses very carefully. Being vague is your enemy. Only sign them if they are actually enforceable.
I switch off the lamp on the desk and walk over to the window. A snowy plain is spread out in front of me, and the moon softly
illuminates the snow drifts, making them into fragile silver waves.
How many people were saved thanks
to Elena’s advice and tips, I think.
Tips on how to protect your ideas and stand up for yourself.
They are a compass guiding you in the world of brands and legal boundaries.
See you soon!
Please, don't forget to subscribe to my Telegram channel in order not to miss the latest article.
I switch off the lamp on the desk and walk over to the window. A snowy plain is spread out in front of me, and the moon softly illuminates the snow drifts, making them into fragile silver waves. How many people were saved thanks to Elena’s advice and tips, I think. Tips on how to protect your ideas and stand up for yourself. They are a compass guiding you in the world of brands and legal boundaries.
See you soon!
Please, don’t forget to subscribe to my Telegram channel in order not to miss the latest article.
See you soon!
Please, don’t forget to subscribe to my Telegram channel in order not to miss the latest article.
Hello, my friends!
The launch of this blog was inspired by my professional love for brands, innovative solutions that harmoniously combine brand, audience, content and creativity altogether.
Together we will find out about trends in marketing communications.
As a professional I have already helped hundreds of local and international brands working with content and implementing their communication strategy in different media.
Best wishes,
Julia
CONTACTS