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Employment and Social Media: An Introduction to the Rules for Human Resource Professionals
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Employment and Social Media: An Introduction to the Rules for Human Resource Professionals

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Employment and Social Media: An Introduction to the Rules for Human Resource Professionals presents the basic information that a human resource professional in Colorado needs to be aware about when …

Employment and Social Media: An Introduction to the Rules for Human Resource Professionals presents the basic information that a human resource professional in Colorado needs to be aware about when dealing with employment issues.

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Transcript

  • 1.  
  • 2. What is Social Media?
    • Social media is the use of Internet and web-based applications to communicate to one or more individuals.
    • Social media can be considered personal communication or broadcasting depending on the number of people that the message reaches.
  • 3. Personal Communication
    • Instant messaging
      • Typically between two people
    • Personal websites
      • Personal blog
    • Text messaging
      • Typically between two people
  • 4. Broadcast Media
      • Broadcast media is meant to be read by more than just friends and family.
        • Professional communications
        • Special interest sites
  • 5. Professional Communication
    • Company website
    • LinkedIn
    • Industry specific sites (Lawyers.com, Avvo.com, etc)
    • Facebook fanpages
  • 6.  
  • 7. Personal/Professional Sites
    • Facebook
      • Typically your profile is personal
      • Typically your fanpage is business or special interest
    • Twitter
    • Blogging
  • 8.  
  • 9.  
  • 10.  
  • 11. Biggest Things to Remember
    • Policies are not new!
    • Social media is just another way of doing something old!
  • 12. Three Areas of Online/Social Media for HR
    • Hiring Process
    • During Employment
    • After Termination of Employment
  • 13. Prior to Employment
    • Recent study by Harris Interactive regarding HR personnel:
      • 45% use social networking sites to research job candidates
      • 11% planning to implement social media screening in the very near future
  • 14. Hiring Process
    • Recent study by Harris Interactive regarding HR personnel:
      • 53% won’t hire if provocative photos and/or info
      • 44% won’t hire if alcohol and/or drug use
      • 35% won’t hire if bad comments about former employers
  • 15. Can Discriminate
    • Illegal drug use
    • Poor writing/communication skills
    • Comments about previous employers
    • Racist/inappropriate comments
  • 16. Can’t Discriminate
    • Race
    • Age
    • Disabilities
    • Religion
    • Veteran status
    • National origin
    • Sexual orientation
  • 17. Things to Consider
    • Privacy concerns
      • Questions if research online violates Fair Credit Reporting Act
    • Discrimination
      • Hard to prove you didn’t use information you found online
  • 18. Areas of Concern
    • Not everything online is true
      • Some sights have wrong information
      • Others have old information
  • 19. Best Practices
    • Have non-involved party research and remove any information that isn’t relevant/violates discrimination laws
    • Have clear policy laid out and follow it for all potential employees
    • Get release from potential employees that you are conducting online screening
  • 20. Social Media during Employment
    • Confidentiality Agreements
      • Have signed when employed
      • State what can and cannot be disclosed
        • Information about guests
        • Photos of guests
        • Company information
      • Consistent for all employees
  • 21. Communications Policies
    • Possibly need whole communications policy
    • What can be put online
    • When it can be put online
    • Who can access the information
    • Whether company property can be used to access personal sites
  • 22. Recommendations
    • Online recommendations
      • Policy needed on what managers can say online
      • Can be used against company later in court
  • 23. Endorsements
    • FTC recent guidelines on endorsements
      • Must disclose material connection
      • If company doesn’t have policy in place, can be liable for comments of employees!
  • 24. Privacy Concerns
    • First Amendment only applies to government, not private corporations!
    • Even then
      • Must have reasonable expectation of privacy
      • Intrusion that is offensive to the reasonable person
  • 25. Retaliation
    • Cannot retaliate for:
      • Complaining about illegal practices
      • Whistle-blowing
      • In some cases, complaining about management
  • 26. Separation
    • In some cases, need clear separation
      • Ask employees to put disclaimers
      • Ask employees not to talk about work
  • 27. Other laws may apply!
    • Wiretapping laws
    • Telecommunications laws
    • Labor laws
    • Trade secret laws
    • Copyright laws
  • 28. After Employment
    • Confidentiality Agreements
      • Need to have resigned
      • Make sure employees understand continuing obligations!
  • 29. Recommendations
    • After dismissal
      • Careful with recommendations
      • Limited in scope and nature
  • 30. Monitor
    • Monitor for damage control
    • GM case
  • 31. Stories that made the news
    • No cases in Colorado made it to Appellate or Supreme Court yet
    • Other cases around nation
      • Man hacked into computers, one year prison
      • Guard terminated for beating inmate
      • Eagles fired employee who called Eagle personnel “retarded”
  • 32. Additional Stories
    • Police woman fired for provocative photos
    • Potential employee not hired for tweeting about possible job
    • Police officer posted about movies before beating
  • 33. More stories
    • Hospital workers fired for racists comments
    • Technician fired for murder victim photos
    • Police officer fired for leaking sensitive info
  • 34. Dominos’ Case
    • Video by employees
    • Criminal charges
    • Damage to Dominos
  • 35. NJ Case
    • Restaurant employee created MySpace group
    • Accessed by managers, eventually fired employee
    • Violation of telecommunications law
  • 36. Georgia Case
    • School teacher fired for Europe pictures
    • Lawsuit pending over privacy currently
  • 37. City of Ontario v. Quon
    • Supreme Court case involving texting
    • Used company phone
    • Involves police department
    • Written communication policy
  • 38. Final Thoughts
    • Have good policies in place.
    • Be consistent.
    • New media, same laws.
    • If in doubt, ask questions.
    • Follow the same rules for online communication that you would for offline communications.
    • Use common sense.
  • 39. Law Office of E.C. Lewis, P.C.
    • Elizabeth C. Lewis, Esq.
    • www.eclewis.com
    • 720-530-3405
    • [email_address]
    • www.facebook.com/legalsolutions
    • www.twitter.com/eclewis