Why Employers Should Not Monitor Social Media?

by | Last updated on January 24, 2024

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Even if a company itself is neutral, the subjective feelings of the person tasked with monitoring employees' social media could easily

lead to discrimination

, especially in the highly polarized environment of the U.S. People should be able to share their views on gay marriage, for example, with their friends on social …

Is it okay for employers to check your social media?

The short answer is yes.

It is completely legal for to check employees' social media profiles

. … In general, state and federal laws dictate what employers can and cannot ask for. It's essential to note that potential bosses aren't the only people who can get your information online.

Why employers should not check social media?

When done improperly, a social media background check can

put your organization

at risk for lawsuits. … An employer researching a candidate on social media could easily learn that their candidate has one or more of these protected characteristics. This knowledge could cause a biased hiring decision.

Why do employers check employees social media?

Social media is used by potential employers to check job applicants' qualifications,

assess their professionalism and trustworthiness

, reveal negative attributes, determine whether they post any problematic content and even assess “fit.”

Do employers have the right to spy on employees?

Under the National Labor Relations Act (NLRA),

it is illegal for an employer to monitor or conduct any surveillance of employee union activities

, including off-the-job meetings or gatherings.

Can you get fired for social media?

Since California is an at-will employment state — and California Labor Code 2922 states that at-will employees “may be terminated at the will of either party on notice to the other” —

employers can fire employees for anything

, including their social media posts.

What social media do employers check?

Social media channels employers check

“The three main platforms that most employers check are

LinkedIn, Facebook and Twitter

,” said Matt Erhard, senior partner at Summit Search Group.

Can employers check your Facebook even if it's private?

Many employers conduct professional background checks on potential employees before deciding whether to hire them. However, some employers may also investigate a potential employee's social media profiles, such as a Facebook page. In most cases,

an employer can only view your private Facebook page if you allow it

.

Is social media background check legal?

Is social media screening legal? The short answer:

Yes

, BUT it has to be done correctly. If you're tasked with making hiring decisions and you decide to look at an applicant's social media activity on your own, you're opening yourself up to potential problems (such as discrimination lawsuits).

What is the downside of using social media during your job search?

  • Social media profiles present unreliable and/or inconsistent representations of candidates.
  • It's hard to escape bias when using social media for recruitment.
  • How companies use social media to recruit may be illegal.

What are some red flags that employers look for on people's social media accounts?

  • Posting Inappropriate Material. …
  • Ranting. …
  • Lacking Distinction Between Your Personal and Professional Lives. …
  • Poor Spelling and Grammar. …
  • Lying about Qualifications. …
  • Absence of a Social Media Presence. …
  • Posting Derogatory Comments. …
  • Plagiarizing.

Can my boss watch me on camera all day?

According to Workplace Fairness, a non-profit focusing on employee rights,

employers can legally monitor almost anything an employee does at work

as long as the reason for monitoring is important enough to the business.

Can my employer videotape me without my knowledge?

Generally,

employers are not allowed to listen to or record conversations of their employees without the consent of the parties involved

. The Electronic Communications Privacy Act (ECPA) allows employers to listen in on business calls, but are not allowed to record or listen to private conversations.

How do you tell if your company is spying on you?

  1. Check your company's handbook or your contract. …
  2. Ask the IT department. …
  3. Check if there are any cameras in your office. …
  4. The computer camera light is on. …
  5. Check the running processes at your computer. …
  6. The boss recalls conversations or facts which you thought were private.

Can I get fired for posting something on Facebook?

In general,

employers have the power to fire employees for any lawful reason

–including for what they post on social media.

Can employees be disciplined for social media posts?


Employees can be subject to disciplinary action for posting content unfavorable to their employer

. … If an employee is engaging in concerted activity on social media, that activity falls under the protections of the NLRA.

Rachel Ostrander
Author
Rachel Ostrander
Rachel is a career coach and HR consultant with over 5 years of experience working with job seekers and employers. She holds a degree in human resources management and has worked with leading companies such as Google and Amazon. Rachel is passionate about helping people find fulfilling careers and providing practical advice for navigating the job market.