EntertainHR: BTS of “It Ends With Us”: Speaking out on Social Media 

Happy Holidays and Happy New Year! If you’re anything like me, you spent your holidays watching “It Ends With Us,” a romantic drama film based on Colleen Hoover’s best-selling novel, and catching up on the Blake Lively v. Justin Baldoni, et al., BTS drama on-set. If you didn’t spend your holidays reading the 80-page complaint filed by Blake Lively, here’s what you need to know:

Blake Lively filed a lawsuit against her “It Ends With Us” co-star and director, Justin Baldoni, along with his production company, Wayfarer Studios, and publicists Melissa Nathan and Jennifer Abel alleging sexual harassment, retaliation, and defamation. More specifically, Lively asserts that Baldoni engaged in unsolicited physical contact during filming, including improvising intimate scenes without prior consent. The complaint also details instances where Baldoni allegedly entered Lively’s makeup trailer uninvited while she was undressed and made inappropriate sexual comments on set.

Further, Lively alleges that after she raised concerns about Baldoni’s behavior, he, along with his production company Wayfarer Studios and associates, orchestrated a smear campaign to tarnish her reputation. This allegedly involved hiring crisis management experts to disseminate negative information about her through social media and press outlets. Lively stated that she hopes her “legal action helps pull back the curtain on these sinister retaliatory tactics to harm people who speak up about misconduct and helps protect others who may be targeted.”

But Lively’s lawsuit helps pull back the curtain on more, including use of social media in the workplace. Social media usage has transformed the way in which companies communicate with consumers. Similarly, social media usage has transformed the way in which employees can harm an employer’s reputation. A thoughtfully designed social media policy can effectively support employers in protecting their interests and offering employees clear direction on acceptable and unacceptable online behavior.

A social media policy, however, is not one-size fits-all. To protect itself against legal liability and harm to its reputation, an employer should consider including the following:

• How the company will handle employees who post arguably inappropriate, but not unlawful, posts such as illicit photos, profanity, or other potentially derogatory content;
• How the company will comply with laws protecting employees’ rights to engage in lawful non-working time and off-duty conduct, but still ensure nothing damaging is posted online;
• The company’s strategy to preserve good business relationships and promote a positive corporate image; and
• How the company will train employees once the policy is in place so they understand what is forbidden (for example, one person’s definition of “crude” may vary from another’s).

A social media policy should be simple and clearly state what the repercussions will be for violations. Importantly, companies using social media in termination and adverse employment action decisions should not take retaliatory adverse employment action because of protected activity expressed through social media.

Victoria Creta is an attorney in FordHarrison’s Richmond, VA, office.

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