Are you a "Private Person" or not...

Years ago a brilliant industry lawyer, who some of you may know, Greg Tevis, beat into me one very simple concept: "Never commit something to writing you would be uncomfortable testifying to in front of a judge, jury or panel!" That very sound advice dates back to the early 1990s before social media and everybody access to smart phone video. So for today's technology the advice must be refined and expanded. It also must be well considered in all employee's responsibilities to their employer or business associations.

The first example of this was demonstrated to me by a very new branch manger with a volatile personality. He was hosting a small private dinner at a restaurant he frequented. Unhappy with the preparation by the restaurant he went into a loud rant directed to a restaurant host. His attending employees thought him a jerk. But, more impactful a client was in the restaurant as well. That client made it a priority to contact the company leadership the next business day. With confidence in the story he was summarily removed from his job. A job that took him years to achieve. It took him more than a decade to recover comparable status and opportunity. Again, that was before electronic tools to memorialize bad judgment.

Today you can commit career suicide much more efficiently with substantially immediate consequence. Thoughtless social media posts as well as video and audio recordable bad acts can spin out of control long before you can even grasp the monster was unleashed. I know the first defense is that behavior outside the workplace should be exempt or that First Amendment protections should extend to employment protections. I don't want to get into a Constitutional debate however I will report almost all precedent value law says otherwise. If your bad behavior presents real or reputational exposure to your employer you can be disciplined or terminated with very limited options for recourse. The same can be said that most independent contractor agreements can be severed as a result of casting a negative cloud over the business partner. You are, in most states, an "employee at will" with an implied "morals clause".

So what to do? The easy advice is very much the same as parental guidance. Don't do or say stupid, hateful, extreme or morally questionable things. Accepting human frailty as the most challenging value to manage, the practical advice is more simple:

1. For business use social media well within your employer guidelines. If it is questionable don't post or make comment. Always make sure your distribution is to "friends" or "contacts" only. Don't invite a momentary lapse to go viral!
2. Think before all actions. Being a jerk in public or "private" can have unintended consequences. Choose words intelligently or bite your tongue. As the saw goes: "better to remain silent and thought the fool than speak and remove all doubt".
3. When forced into a challenging situation slow it all down. Seek counsel from wise persons. Withdraw as possible. If left to own devices guide yourself with the simple: "what would (insert appropriate person of wisdom) do?"
4. Protect your employer and business partner's reputation with the same care you would apply to a loved one. That does not imply an obligation of proactive defense. It means apply the core principle of The Hippocratic Oath: "Do no harm"

Part of my business, as a consultant and financial services recruiter, includes getting the genie back in the bottle. Very often I succeed with provably decent and recalcitrant people. I am very good at it. However, I cannot always repair or even polish burnt soil. I have had to counsel managers back to start over roles and advisors out of the business. A very painful and avoidable experience for all...

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