Question: Should employers respond to negative online reviews?

Answer:

Yes, it is important to have a plan in place to address negative feedback online.  Be it from disgruntled current or former employees, it has become more and more common for companies to face negative online reviews.  Websites such as Glassdoor have become a common place for disgruntled former employees to vent.  If such reviews go unanswered, readers do not have any context or comparison and can be left with a very bad impression of your business.  If you hit the negative reviews head on and try to address them, you have a chance to neutralize the intended effect of such reviews.

Many companies designate a point person who regularly checks for online reviews and ensures the Company timely and appropriately responds.  If you fail to respond timely, then when you ultimately do respond, it is good form to apologize for your delay in addressing the review.  This sets the tone that your company is well-intentioned.

Although it may seem counterintuitive, companies should consider thanking the reviewer at the start of the response.  This shows your company is professional and welcomes the opportunity to improve.  Agree with things you can agree with, even if you agree but then show a different perspective on the comment.  Acknowledge the problem raised by the reviewer, then explain how you plan to address (or already have addressed) the issue.  On the other hand, if you prefer not to validate a particular comment in a review, do not respond to it directly.  Instead, your response should focus on your company’s positives and perhaps use an example or tell a story that helps pivot away from the comment.

If you need further food for thought, check out this Glassdoor article (Here), entitled “5 CEO Responses Worth Reading.”

About the Author:  Laura Liss (lliss@pfs-law.com) is Chair of Patzik Frank and Samotny’s Employment Law Practice Group. She provides both legal and practical business advice on all phases of employment-related decisions. She regularly serves as a sounding board for business owners, executives and human resources professionals and assists them in successfully and efficiently navigating the various employment laws that impact their businesses.

 

Question: Is it risky to use text messaging to conduct business?

Answer:

In short, yes. Texting is convenient and we often use it as an instant method of communicating, but the more formal method of communicating by email is almost always the better method to have business conversations. On the other hand, using short and multimedia message services (SMS and MMS, aka text messaging) is likely to continue to be a prevalent means of communicating, so we need to consider ways to mitigate risk when it comes to texting for business.

Years ago, when there was an explosion of communication by email, prudent businesses took steps to mitigate risk. For example, by implementing email usage policies, training workers to be cautious of using less formal language in emails and reserving sensitive subjects for oral conversations. These same concepts apply to texting, but texting is even riskier given the tendency to communicate even more informally in texts than in email and to write in an abbreviated fashion, which makes texts more prone to being misinterpreted. Communicating by text inherently tends to be quick and more informal than email, which often translates to less careful choice of words.

To address these concerns, employers should implement a texting policy, which addresses when texting and instant messages are appropriate and what types of topics are fitting for texting. For example, many attendance policies traditionally required employees to notify their manager by phone if they were calling off. If your company now allows these notifications to be done by text, be sure your policy is updated. And equally important, be sure your managers are maintaining those text messages for your records.

In terms of when texting is appropriate, be sure to prohibit texting and driving during working hours or while employees are conducting business for the Company. This means that employers must resist the temptation to use technology to stay in constant contact with employees, especially if they may be behind the wheel. Distracted driving is a major problem and texting while driving is one of the biggest contributors to distracted driving. Protect your company by addressing this in your policies and doing your best to ensure employees follow the policy.

Another major consideration when it comes to texting is the risk of discovery of these informal communications should litigation arise. While discovery of SMS or text messaging is still a relatively new concept, there have been a number of court rulings that make clear that text messages are discoverable and that businesses need to be cognizant of this fact or there may be adverse inferences or damaging admissions.

Consider whether your company supplies cellphones or your employees BYOD (bring [their] own devices to work) or there is a combination of both company-provided and BYO devices at play in your workforce. Then ensure that your employees understand that both business and personal texts may be discoverable in litigation.

Like it or not, texting in business is probably here to stay.  We need to we adapt our policies and practices in the workplace accordingly.

About the Author:  Laura Liss (lliss@pfs-law.com) is Chair of Patzik Frank and Samotny’s Employment Law Practice Group. She provides both legal and practical business advice on all phases of employment-related decisions. She regularly serves as a sounding board for business owners, executives and human resources professionals and assists them in successfully and efficiently navigating the various employment laws that impact their businesses.