Do your employees "tweet"? If your response to this question is something along the lines of "huh?" it means you probably weren't born in the 1980s or 90s. But for Millennials (a/k/a Generation Y) and other technophiles, Twitter is quickly becoming an omnipresent form of communication available any time of day—including during the work day.

According to the website, "Twitter is a service for friends, family, and co-workers to communicate and stay connected through the exchange of quick, frequent answers to one simple question: What are you doing?" In other words, whether through the web or using a cell phone or PDA, twitterers "tweet" their up-to-the-minute status, thoughts, and comments to their Twitter page or blog. It's a little like texting with everyone (even the general public) subscribing to your Twitter feed all at once.

So how can employee "tweets" cause trouble for employers?

• If an employee's communications run through an employer's servers, there's the potential that network security can be compromised

• Employers have no way of monitoring whether or not employees are disclosing confidential information or trade secrets in their Twitter communications

• Like all electronic communications, information that is twittered during the course of business may be binding on employers, who often have no way of maintaining records of the communications, which are equally subject to subpoenas as other records

• As short communications that are often made on the spur of the moment, twitters are vulnerable to misunderstandings, and can result in the exercise of poor judgment since employees may not think before they twitter

• Like other forms of electronic communication, tweets can be used to make harassing or discriminatory statements for which employers may be held liable

• When employees are twittering, they're not working

Remember that employees who use company property to Twitter must comply with employer computer use policies, and that consistent enforcement of that policy is critical, not only for effectiveness, but also to guard against discrimination and retaliation claims. Like with blogging, developing clear expectations for employees about how their work time should be spent improves productivity and helps guard defend wrongful termination and other claims when employees are terminated.

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