April/May 2010 / Features
Employment in the Age of Social Media
As social media sites proliferate, so do examples of employees losing their jobs because of information discovered on them. Employers may research and consider an employee’s on-line activities in making employment decisions, but there are legal limits. Using pretexts or illegal means to access internet materials could give rise to valid legal claims. Employers also should be careful about using social media information in employment decisions. They should not use information about an employee’s protected status (e.g. race or religion) that is not available from other sources.
Usually, however, employers act within their rights by monitoring social media sites and other internet activity, even if it is done on the employee’s own time or computer, and using that information to inform employment decisions.
To protect themselves without unduly interfering in employees’ on-line activities, employers should adopt a policy and monitor employee activity. The policy should be communicated clearly, concisely and frequently. It should include notice about the employer’s right to conduct internet-based searches and under what circumstances, and about how information may be used. It also should include notice that employee use of company-owned computers will be monitored for social media activity, and it should state explicitly that employees have no expectation of privacy with regard to content concerning the employer posted on the internet.
