Perhaps this post should have more rightly been titled “The Good, the Bad, and the Ugly.”
The good: It’s awfully rewarding when you start seeing people Googling your name. That means you are building a reputation, in some way or form. When people are interested enough in who you are to research you, it means you are doing something right.
The bad: Are you ready for that level of scrutiny? One of the issues I have with being such a prolific writer is that I’m starting to build up a massive portfolio of work, and good or bad…it’s all on display. In some cases, where I have handed off an article to an editor who then makes a mistake before publishing the content, my name is still attached to that work, and I’m not going to catch every mistake that gets made, regardless if it was my mistake or an editor’s mistake. Not to mention, the things you say and do are more public than ever, and if you’ve ever made a comment on a forum, blog, or website…it’s there to stay.
The ugly: I recently saw another writer who had failed to live up to the expectations of their client, at which point said client went on the Interwebz and started posting some fairly horrific comments about the writer, referencing their dissatisfaction on their blog, website, and even going so far as to mention the writer in their newsletter and Twitter, furthering the damage caused.
I’m not sure how many of you are familiar with the intricacies of the real world Human Resources departments, but as a general rule if a potential employer calls your previous place of employment and asks about you, all they (your previous employers) are allowed to give is generalities. Yes, you were let go, no we can’t go into any intimate details. Yes you quit. Etc.
For those of you who are not familiar with how slander/libel works, it basically means that no one, regardless of how upset they are with your performance, is allowed to spread libelous information about you which could potentially jeopardize your lifestyle in any way, shape or form, at least not publicly. For example, if I were unhappy with an employee’s performance I might complain to my wife or my close friends over beers, and I might even fire that person for performance-related issues and mark that down in case someone calls to ask about them, but what I am not allowed to do is post a newsletter saying “Employee X is one of the worst employees I’ve ever seen. He was consistently late, he smelled like poo, his face looked like a squirrel’s armpit, and I’d rather see him ran over by a bus than be allowed to work in this profession again.”
The latter is exactly what this particular client did after the writer failed to live up to their expectations. Needless to say, a libel/slander lawsuit followed. I don’t need to tell you the outcome.
However, this points to a growing problem with online reputations. Did you know the IRS–for example–is now checking people’s Twitter, Facebook and MySpace accounts to keep tabs on whether or not they are/are not paying their taxes? This is just the smallest tip of the iceberg, and while some might argue that the IRS has every right to use any means necessary to get their chunk of your paycheck, there are others who still believe in basic human rights and freedoms. One of those being the right to keep people from spreading libel and slander about your character or work-related abilities.
Anyone can Google your name. Some of us, like myself, are fine with that, as long as the information showing up is good. What happens if you come across someone who is not 100% satisfied with your services and decides to strike to the airwaves with blog posts and website posts about you, your business, and otherwise? Or even worse, what happens if you run into a blogger or fellow writer who has a difference of opinion with you and then proceeds to post comments about you on their website ?
While the actual laws vary state to state in the US, and country to country around the world, as a general rule no previous employer is allowed to give a bad reference. The basics of this are closely tied to libel and slander laws around the world, where a company cannot spread damaging information about someone for fear of a defamation lawsuit if an individual finds him/herself in a position where the information a previous employer gives out was less than stellar. Obviously there are exceptions to these rules. If you were taking drugs on the job, for example, that’s probably going to come up, and no amount of fast talking will get you away from that fact. But if it’s simply a matter of performance or expectations, there is a line that should not be crossed, and in most cases it won’t be.
In the last couple of years I have seen people’s blogs used as actually references for lawsuits regarding defamation cases. Digital signatures are now binding in a court of law. Things you say on the Internet–regardless if they are on your personal blog or not–can in some cases be actionable in a court of law, which leads to some fairly sticky situations regarding freedom of speech. Or does it?
The thing to remember is that your personal blog isn’t really personal. The moment you chose to host something on the Internet you entered into the public domain. A personal journal is just that…a journal you keep in your drawer that no one else but you can read. It’s personal. You cannot call a blog personal. No matter if you have set the permissions to only friends and family allowed to read, it is still public reading material.
Defamation lawsuits are serious business. No one has the right to harm your chances of finding future work, and if you find yourself dealing with a client who is potentially unsatisfied with the final product, you need to understand that it’s just an unfortunate situation, but one that does not necessarily have to reflect upon your future job prospects. That client may not be 100% satisfied with your performance, but what you need to understand is that everyone is human; at some point or another in our lives we are going to come across people who we have a difference of opinion with. The line between professionals and the non is being able to accept those differences of opinions and move forward regardless, rather than being stuck on the difference of opinion and allowing that to motivate you to overstep the bounds of the client/clientele relationship.