Discussion

Employers should adopt a strict policy that prohibits solicitation at work. This policy should specifically state that solicitation is not allowed during business hours or on the premises. If an employee fails to abide by this policy they should be reprimanded. Based on the employee’s record further consequences should follow one of which could possibly be termination.  The policy should state that solicitation outside of the business and after business hours is allowed but it should in no way interfere with morale or production. Email use should be for work purposes only and not used for personal use and there should be no exception to this rule.

         With the policies being so strict many consequences could arise from such restrictive policies. Employees could rebel or potentially form a group of their own. This could also cause the company to look badly, and the most important thing is for the company to be seen and represented in a positive manner towards the public.

I would have a strict no distribution/solicitation policy. While an employee is on duty they are getting paid to do a service not to do additional tasks for personal gain.

In an article entitled “Use Policies to Properly Limit Selling or Soliciting on Work Time,” the author had some really good points (bizfilings.com, 2012):

•         You can lawfully prohibit employees from engaging in solicitation and distribution activities during the time they are supposed to be working. However, you can't keep employees from doing these things during their breaks and lunch periods, so long as they don't do it where others are trying to work.

•         The NLRB has made an exception in the case of the United Way. Making the United Way a "sole exception" to the rule or permitting a small number of isolated charities or community organizations to be exempt from a broad no-solicitation rule is okay with the NLRB. They will be concerned only if it looks like you are allowing exceptions but are...