Dealing with Employees Who Post Slanderous Videos Online

Author, Jadyn Brandt, Client Communications Coordinator, Rancho Mesa Insurance Services, Inc.

With today’s widespread use of social media, false or damaging claims from a current or former employee can pose serious risks to a company’s reputation. Slanderous online content can include text, videos, or images posted to social media platforms or blog sites that falsely accuse an employer of actions that can damage an individual’s reputation or the reputation of a company.

If a current or former employee is posting slanderous content online about you or your business, there are steps that you can take to prevent damages to your company’s reputation, including documenting evidence, reporting the posts, and seeking legal advice if necessary.

Company Policies

A good way to prevent a current employee from posting content online that could harm your business is to make sure your company has well-established social media use policies. This policy can provide guidance on conduct and define what content is acceptable for employees to share online. A sample social media policy is available through Rancho Mesa’s RM365 HRAdvantage™ portal.

Collect Evidence

If a current or former employee does post content online that you believe to be defamatory, screenshot or screen-record the posts or videos. Take note of the dates and times when they were shared. Having your own record of the slanderous content is important, because if the person making the posts decides to delete them, it will be difficult to recover evidence of the defamation.

You will also need to prove both that the statements made about you or your business were defamatory, and that you or your business suffered real damages as a result of the posts—in the form of financial loss or reputational damages.

Report Defamatory Content to the Host Platform

While social media companies and their sites cannot be held responsible for what users share on their platforms, most social media sites have policies prohibiting harassment and defamation, as well as a reporting process you can use to remove defamatory content. Report the posts directly to the platform where they were published using the platform’s reporting feature.

Seek Legal Advice

Consulting an attorney who specializes in defamation or employment law can help you build a case and prove damages.

If you are unsure about possible next-steps, you can also reach out to an HR expert through Rancho Mesa’s RM365 HRAdvantage™ portal.

Consult Your Insurance Advisor

If you suspect your business has suffered harm as a result of a current or former posting slanderous content online, it may be covered under your general liability policy for personal and advertising injury coverage. Reach out to your insurance advisor to confirm whether or not it is covered.