Social media and the hiring process

1,052 views
946 views

Published on

A 45 minute presentation to corporate lawyers on dealing with critical risks in the hiring process. Deals mostly with social media and background checks.

Published in: Business
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
1,052
On SlideShare
0
From Embeds
0
Number of Embeds
191
Actions
Shares
0
Downloads
15
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Social media and the hiring process

  1. 1. Social Media and the Hiring Process<br />Dan MichalukApril 12, 2011<br />
  2. 2. Social Media and the Hiring Process<br />Background checks<br />The yes/no decision<br />Contracting hot points<br />I can blog on my own time if I want!<br />What do you mean my Facebooking isn’t work?!<br />How – best practices<br />You have a duty to back my lawsuit!<br />What do you mean that was improper?<br />
  3. 3. Social Media and Background Checks<br />The yes/no decision<br />Application of privacy legislation matters<br />If it applies, you must meet the applicable standard for colleting personal information<br />If not, weigh utility (a function of validity) versus cost and risk<br />
  4. 4. Social Media and Background Checks<br />The yes/no decision – privacy legislation<br />Normal purpose – to confirm a candidate’s suitability for employment<br />Collection must be reasonably necessary for this purpose<br />To get a pass, you must<br />Know the thing you are looking for<br />The thing must generally speak to a conflict with a legitimate business interest (including corporate rep.) or job duties<br />Conduct and record an up-front yes/no assessment on these criteria<br />
  5. 5. Social Media and Background Checks<br />Best practices – why important<br />To comply with applicable privacy legislation<br />To reduce the risk of a discrimination claim under human rights legislation<br />
  6. 6. Social Media and Background Checks<br />
  7. 7. Social Media and Background Checks<br />Best practices<br />Conduct as a true background check – i.e., at last stage in the hiring process.<br />Define what you are looking for. Your criteria should be valid, objective and lawful.<br />Have someone who is not a decision-maker conduct the search.<br />
  8. 8. Social Media and Background Checks<br />Best practices<br />Keep a formal record of the search on the hiring file. <br />Confirm identity and other aspects of reports prior to relying on them.<br />Retain the hiring file for 2 to 3 years post decision.<br />
  9. 9. Social Media and Background Checks<br />The consent/notification issue<br />Employers may feel checks need to be done without notice to avoid manipulation<br />This is a employee relations and a compliance issue<br />“Publicly available information” exemptions in statute are broad – What is a “a publication”?<br />Seek an opinion on the requirements of applicable privacy legislation<br />
  10. 10. Social Media and the Employment Contract<br />First, a contracting philosophy<br />Contract to address “take away rights” and importantrisks<br />Requiring adherence to properly incorporated policies and procedures is the baseline<br />Deal with other risks expressly based on priority<br />Long, complicated employment contracts are ineffective<br />
  11. 11. Social Media and the Employment Contract<br />“I can blog on my own time if I want!”<br />Should you make the hire offer conditional?<br />Take that blog down<br />Expressly promise to follow these rules<br />Incorporate conflict of interest policies (and review them in light of social media risk) and internet publication policies<br />Establish a general rule and identify the interests you will protect <br />Safe and harassment free work environment, <br />Ability to perform job responsibilities<br />Corporate reputation<br />
  12. 12. Social Media and the Employment Contract<br />“What do you mean my Facebooking isn’t work?!”<br />Define the scope of responsibility or incorporate a job description by reference<br />Establish rule – you must be specifically authorized to communicate on behalf of the company<br />Establish rule – overtime must be authorized<br />Establish rule – overtime must be reported <br />Review IP ownership regarding scope<br />
  13. 13. Social Media and the Employment Contract<br />“You have a duty to back my lawsuit!”<br />Indemnification clauses typically fund defences and not claims, but check anyway<br />Employers generally have no duty fund an action to vindicate (personal) reputation<br />The duty to provide a safe and harassment free workplace is different<br />Is this a subject for contract?<br />
  14. 14. Social Media and the Employment Contract<br />“What do you Mean that was Improper?”<br />Social media invites conversations, which feel different to employees<br />Employees need to know<br />that publication is not a necessary condition for breach<br />that a publication to friends is a publication<br />A questionable issue to be managed through contract. Better to educate.<br />
  15. 15. Social Media and the Hiring Process<br />Dan MichalukApril 12, 2011<br />

×