Employers Using Social Media to Monitor Employees: Risks and Liability
According to a Career Builder survey in 2009, forty-five percent of employers use social media sites like Facebook, MySpace, Twitter, and LinkedIn to screen job applicants. Some applicants include a blog address or something of the sort on a resume, but even if such information is not supplied, it is easy enough for employers and human resource personnel to unearth a prospective employee’s online footprint. This can be both beneficial and detrimental for the applicant. On one hand, a personal blog devoted to a subject related to the job one is applying for (say, a hopeful-human resources director’s personal blog about employment law issues and developments) can make the applicant more desirable. On the other, an applicant’s uploaded pictures of a booze-filled tropical getaway hardly reinforce the image of a consummate professional.
- Interference with, restraint, or coercion of employees in the exercise of their §7 rights of organization;
- Domination of or interference with the formation or administration of any labor organization, or financial (or other) contribution or support to it;
- Discrimination in regard to the hiring or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization;
- Discharge or discrimination against any employee because he/she has filed charges or given testimony under the NLRA; and
- Refusal to bargain collectively with the representatives of the employees subject to §9(a).