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Employment and Social Media: An Introduction to the Rules for Human Resource Professionals presents the basic information that a human resource professional in Colorado needs to be aware about when dealing with employment issues.
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What is Social Media?What is Social Media?
Social media is the use of Internet and web-based applications to communicate to one or more individuals.
Social media can be considered personal communication or broadcasting depending on the number of people that the message reaches.
Personal Personal CommunicationCommunication
Instant messaging Typically between two people
Personal websites Personal blog
Text messaging Typically between two people
Broadcast MediaBroadcast Media
Broadcast media is meant to be read by more than just friends and family. Professional communications Special interest sites
Professional Professional CommunicationCommunication
Company website
Industry specific sites (Lawyers.com, Avvo.com, etc)
Facebook fanpages
Personal/Professional Personal/Professional SitesSites
Facebook Typically your profile is personal Typically your fanpage is business or special
interest
Blogging
Biggest Things to Biggest Things to RememberRemember
Policies are not new!
Social media is just another way of doing something old!
Three Areas of Three Areas of Online/Social Media for Online/Social Media for
HRHR Hiring Process
During Employment
After Termination of Employment
Prior to EmploymentPrior to Employment
Recent study by Harris Interactive regarding HR personnel: 45% use social networking sites to research job
candidates 11% planning to implement social media
screening in the very near future
Hiring ProcessHiring Process
Recent study by Harris Interactive regarding HR personnel: 53% won’t hire if provocative photos and/or
info 44% won’t hire if alcohol and/or drug use 35% won’t hire if bad comments about former
employers
Can DiscriminateCan Discriminate
Illegal drug use
Poor writing/communication skills
Comments about previous employers
Racist/inappropriate comments
Can’t DiscriminateCan’t Discriminate
Race
Age
Disabilities
Religion
Veteran status
National origin
Sexual orientation
Things to ConsiderThings to Consider
Privacy concerns Questions if research online violates Fair Credit
Reporting Act
Discrimination Hard to prove you didn’t use information you
found online
Areas of ConcernAreas of Concern
Not everything online is true Some sights have wrong information Others have old information
Best PracticesBest Practices
Have non-involved party research and remove any information that isn’t relevant/violates discrimination laws
Have clear policy laid out and follow it for all potential employees
Get release from potential employees that you are conducting online screening
Social Media during Social Media during EmploymentEmployment
Confidentiality Agreements Have signed when employed State what can and cannot be disclosed
Information about guests Photos of guests Company information
Consistent for all employees
Communications Communications PoliciesPolicies
Possibly need whole communications policy
What can be put online
When it can be put online
Who can access the information
Whether company property can be used to access personal sites
RecommendationsRecommendations
Online recommendations Policy needed on what managers can say
online Can be used against company later in court
EndorsementsEndorsements
FTC recent guidelines on endorsements Must disclose material connection If company doesn’t have policy in place, can be
liable for comments of employees!
Privacy ConcernsPrivacy Concerns
First Amendment only applies to government, not private corporations!
Even then Must have reasonable expectation of privacy Intrusion that is offensive to the reasonable
person
RetaliationRetaliation
Cannot retaliate for: Complaining about illegal practices Whistle-blowing In some cases, complaining about
management
SeparationSeparation
In some cases, need clear separation Ask employees to put disclaimers Ask employees not to talk about work
Other laws may apply!Other laws may apply!
Wiretapping laws
Telecommunications laws
Labor laws
Trade secret laws
Copyright laws
After EmploymentAfter Employment
Confidentiality Agreements Need to have resigned Make sure employees understand continuing
obligations!
RecommendationsRecommendations
After dismissal Careful with recommendations Limited in scope and nature
MonitorMonitor
Monitor for damage control
GM case
Stories that made the Stories that made the newsnews
No cases in Colorado made it to Appellate or Supreme Court yet
Other cases around nation Man hacked into computers, one year prison Guard terminated for beating inmate Eagles fired employee who called Eagle
personnel “retarded”
Additional StoriesAdditional Stories
Police woman fired for provocative photos
Potential employee not hired for tweeting about possible job
Police officer posted about movies before beating
More storiesMore stories
Hospital workers fired for racists comments
Technician fired for murder victim photos
Police officer fired for leaking sensitive info
Dominos’ CaseDominos’ Case
Video by employees
Criminal charges
Damage to Dominos
NJ CaseNJ Case
Restaurant employee created MySpace group
Accessed by managers, eventually fired employee
Violation of telecommunications law
Georgia CaseGeorgia Case
School teacher fired for Europe pictures
Lawsuit pending over privacy currently
City of Ontario v. QuonCity of Ontario v. Quon
Supreme Court case involving texting
Used company phone
Involves police department
Written communication policy
Final ThoughtsFinal Thoughts
Have good policies in place.
Be consistent.
New media, same laws.
If in doubt, ask questions.
Follow the same rules for online communication that you would for offline communications.
Use common sense.
Law Office of Law Office of E.C. Lewis, P.C.E.C. Lewis, P.C.
Elizabeth C. Lewis, Esq.www.eclewis.com
720-530-3405
www.facebook.com/legalsolutions
www.twitter.com/eclewis