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 ...
The short answer is yes. It is completely legal for employers to check employees' social media profiles . ... In general, state and federal privacy 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.
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.
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.
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.
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 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).
- 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.
- 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?
- Check your company's handbook or your contract. ...
- Ask the IT department. ...
- Check if there are any cameras in your office. ...
- The computer camera light is on. ...
- Check the running processes at your computer. ...
- 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.
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.
