Social Media Concerns for Employers and Employees
These days, no one doubts the power of social media in promoting, branding and marketing companies and individuals. As the wide use of social media vehicles, such as Facebook, LinkedIn and Twitter continue to expand in every day life and in the business arena, many employers, employees and job seekers wonder what is allowable and what's not. Is it okay for potential employers to ask for friend approval on job seeker's pages? Can employees say whatever they want on their personal social media sites? It seems that new questions arise daily surrounding what can and cannot be done as it relates to social networking.
The following information is presented as general information, not as legal advice.
Employers
Employers could be held liable for what their employees post on company websites. There are content use and infringement issues, defamation concerns, attribution problems and more. Just as most companies would make sure they are in compliance with copyright laws in regular print materials, they should do the same in regard to what is posted virtually.
Photographs, graphics and logo cannot be simply copied without permission for utilization on company or personal sites without first obtaining the proper clearances. Violations such as these may leave the employer open to legal ramifications.
Employers and Job Seekers
A survey by Lifehacker.com found that only 7 percent of social media users thought that the information they posted influenced employers, but 70 percent of recruiters in this particular survey said they have rejected a candidate based on online information. According to the CareerBuilder.com site 35% of employers say that what they found on social media sites led them to not hire a candidate.
Whatever employers are legally allowed to post in a print ad, they can post online. All the anti-discrimination and ant-bias protections that are in effect for real life and print also apply to jobs that are posted online. Employers also need to be conscious of accessibility issues for different users to their sites.
Social networking sites contain information that employers are not supposed to rely upon to make hiring decisions, but that doesn't mean that it won't happen. While employers are researching applicants, they must be aware that all the same protections due job seekers in the traditional world, still apply online. Since many sites include photos, employers are not allowed to preclude a job applicant based on categories they may fall into (race, disability, gender, age, etc.,). Any hiring decision made should be documented and include valid information on why one candidate was hired over another.
Employers should not ask to be accepted into a social network under a false alias to check out potential candidates. In such cases where this has occurred, the job seeker may have an actionable cause.
As a caution to job seekers, whatever you post online should be considered online forever, in some form. Think twice, then think again before posting anything that has any hint of controversy.
The Lifehacker.com survey revealed that up to 78 percent of recruiters research candidates online, and not only on the social sites, but in search engines, photo and video sharing sites, blogs and other online locations. Conduct your own search and see what kind of digital footprint you're leaving.
Employees
Many companies enjoy the publicity and attention that their social media presence brings them. But their employees need to be aware that what they write or post can put their employer at risk.
The company's sites are the property of the company, as are the computers and devices they own to conduct their business. If an employee logs into their own personal social media accounts and posts something negative about the company or puts the company at a negative disadvantage (such as revealing proprietary information), that employee may find themselves in trouble, as well as exposing the company to liability.
Unflattering comments about the company or other employee's personal traits may be subject to defamation claims.
Many companies have their own internet usage policies and guidelines and as an employee, you should be aware of what is permissible or not. Some states have laws that protect employees from being discriminated against or disciplined by employers for what they do off-duty. Ultimately, employees should always use common sense online.
Don't assume a right to privacy exists when information is made public, and it may not be reasonable anyway to expect that what's posted in cyberspace stays private. Also, when employees access their personal email or Facebook accounts on work time, using the employer's computer, don't automatically expect privacy. As owners of the equipment, businesses have the right to monitor their usage.
In this era of the Internet, the idea of what is okay to post versus what isn't, is constantly evolving. Courts have been mixed in their decisions. Laws vary state to state and Federal laws also exist. Contact your own legal representatives for help with issues, but it is safe to encourage restraint and caution about your online persona.
