The document discusses social media and its impact on businesses and careers. It provides background on popular social media platforms like Facebook, LinkedIn, Twitter, and blogs. It then outlines both benefits and risks of social media use for businesses, such as screening candidates online and monitoring employees' social media activity. The document stresses the importance of companies establishing clear social media policies to address issues like protecting corporate image and confidential information, avoiding discrimination and harassment, and defining appropriate personal use.

1. Rush C. Nigut

2.  Social Media is an interactive, constantly changing medium,
unlike a regular website, which generally provides static
information, social networking tools facilitate
communication.
 There are 4 main sources of Social Media:
 Facebook
 Blogs
 LinkedIn
 Twitter

3.  Profiles
 Photos
 Personal Information
 Other Media (
music, articles, books, etc.)
 Able to be searched and
viewed by literally
ANYONE
 Communications
 Direct comments
 Instant messaging
 Email

4.  Facebook is King of the social media empire
 Launched in 2004, had reached 100 million users by August of 2008
 From 2008 to 2010 Facebook grew from 100 million users to 500
million!
 Facebook is second only to Google in terms of internet traffic among
websites
 Over 700 BILLION minutes per month are spent on Facebook by
people from all across the globe
Miles, 2011

5.  There are more than 161
million blogs on the internet
 More than 68,000 of those
were created in the 24 hours
preceding that study
 Blog topics are varied and
only limited by human
imagination
 Bloggers can be anyone with
access to the internet, even
YOU!
Miles, 2011

6.  The “Professional” social
networking site
 Focused on the user’s
professional life
 Launched in 2003, LinkedIn
reached the 100 million
member mark in 2011
 It is now growing at a rate
of one million new users
per week, which is faster
than one user every second
Miles, 2011

7.  A “real time information
network that connects
you to the latest
information about what
you find interesting”
 From 2006 to 2011 it has
gained over 200 million
users
 Over half of all U.S. users
are between the ages of
18 and 34
 Ability to run real time
searches
Miles, 2011

8.  The face of social media has changed tremendously in the
last 10 years.
 A “here today, gone tomorrow” industry
 Myspace
▪ Launched in 2004, it grew to over 67 million users by 2008 and was the number
1 social media site on the net
▪ When Facebook launched Myspace began slowly losing popularity and
dropped from the number 1 site on the net to the 75th most popular today
 Facebook
▪ The current “King” but faces struggles ahead with new sites coming out almost
monthly
 Twitter
▪ Still fairly “new” and developing a reputation
 Google+
▪ The newest of the large scale social media sites
▪ Grew to 25 million members in just one month, it took Facebook 35 months to
reach that benchmark (Web Sigmas, 2011)
Miles, 2011

9.  The chart below shows reasons why applicants were
 95% of employers are denied jobs base on their social media profiles
(Madrigal, 2011)
using social media to
screen potential
employees
 Guidance on laws and
regulations of social media
are still developing
 There are few clear rules on
what is appropriate and what
is not
Schwartz, 2011

10.  Male hiring mangers
were more often found
to screen candidates
using the internet
 Searching for
information about the
candidates lifestyle,
inappropriate comments
left, unsuitable
photos/videos, etc.
 The chart to the right 
 Breaks down the different
searches that hiring
managers perform
Einhorn, 2010

11.  55% of employees admit to visiting social
networking sites during work hours
 87% said they had no clear business reason
for using Facebook
 74% of managers surveyed believe social
networking sites put the firms and their
brands at risk
 Employee productivity drops 1.5% at
companies that allow full access to Facebook
Kawaski, 2009

12.  Work Use vs. Non-Work Use
 Is social media being used to market your business?
 Mobile Access
▪ Mobile users spend 1.4 times as many hours using social networking sites than reading and
responding to email, averaging out at 3.1 hour per week on social networks
 Social Media Is Not Private
 Even when your off the clock your employer still is involved
 Your personal image is always compared back to the company at which you work
▪ Set good examples
 Photo’s and Video’s
 Photo’s can help advertise the business’s accomplishments or events
 Important to inform employees of the possibility their photo appears on the
website ahead of time
 Harassment
 Employers must protect themselves by monitoring what is being said on social
media sites between employees
 Many employers take initiative by blocking social media sites completely
Hyman,2011

13.  Harassment
 Employers must protect themselves by monitoring what is being said
on social media sites between employees
 Many employers take initiative by blocking social media sites
completely
 Corporate Image
 Goes back on the ideals that you portray the company that you work
for
 Discrimination
 Employers must adopt a social media policy to avoid discrimination,
whether it be intentional or not
 Often times possible employees are searched online through social
media sites before ever even being contacted by employers
▪ This often gives employers preset images of the candidate, often times hurting
opportunities to be hired
Hyman, 2011

14.  Confidentiality
 Social media in certain instances can put your
companies trade secrets or other confidential
information at risk
 ‘Friending’ Co-Workers
 Has more to do with corporate culture, than what is
legal or illegal
▪ Is it acceptable to friend your boss?
 Accountability
 Any social media policy must emphasize that
employees are accountable for their social media
activities, both inside and outside of work

15.  Hiring: Five points to consider
1. Consistency
Make all recruitment decisions based on consistent selection criteria. Create a list of allowable
social media websites that human resources may utilize for lawful information about the applicant
(for example,LinkedIn).
2. Consent
Seek the applicant's consent to use designated lawful information obtained from the applicant's
social media sites.
3. Neutrality
The social media search should be conducted by a neutral third party or by someone in the
company that has no influence over the hiring of the applicant. They can help the employer sieve
out unnecessary or excessive information.
4. 'Friend'ship
No 'Friend'ship! Employers should not be'friend' an applicant just so that it can get into an
applicant's 'page'.
5. Reasoning
When a decision has been made to not hire an applicant, make sure this decision is a supported,
standalone decision independent from anything researched on the applicant through the use of
social media.
Tam, 2011

16.  My intern, Uriah Hansen, while applying for a position
at a local company was later informed after his hiring
that it wasn’t just his experience or personality that got
his job, but what was also on his Facebook profile, or
lack there of
 After reviewing resumes and conducting interviews
with multiple applicants his hiring manager had it
narrowed down between Uriah and one other
candidate, each equally qualified and experienced
 Social media was the separator. When profiles were
compared Uriah’s was modest and kept under key while
the opposing candidate had multiple pictures of
drinking and inappropriate behavior which ended up
being the deciding factor in offering the job to Uriah

17.  Comedian and voice of the Aflac duck, Gilbert
Godfrey was fired in March after Tweeting
inappropriate comments about the Tsunami in
Japan.
 I just split up with my girlfriend, but like the Japanese
say, “They’ll be another one floating by any minute now.”
 Japan is really advanced. They don’t go to the beach. The
beach comes to them.

18.  Prevent loss of productivity
 Permit effective monitoring (compliance with laws)
 Protect the reputation and image of your company
 Protect against loss of confidential information
and trade secrets
 Guard against suits for invasion of privacy,
defamation, improper recruiting and improper
discipline and termination
 Protection against discrimination, harassment and
cyber-bullying

19.  Must be clear and specific to your organization
 Focus on what can and cannot be done (the do’s
and don’ts)
 Must be consistent to other organizational
policies
 Anti-discrimination
 Anti-harassment
 Computer, Internet, and Email Systems
 Employee Privacy
 Confidentiality
 References
Fagan, 2010

20.  Monitoring
 Give Notice
 Difference between on and off duty?
 No obligation to monitor, but may want to in
order to address
▪ Loss of confidential info.
▪ Cyber-bullying, stalking
▪ Harassment and discrimination
▪ Prevent defamation and improper recruiting acts
Fagan, 2010

21.  Include mandatory training regarding social
media
 Assign a compliance officer or responsible
person to create a compliance framework
tailored to your company
 Create a reporting procedure and protocal
Fagan, 2010

22.  Make clear that employees may NOT:
 Use the organization’s name in the online identity
(username, handle, or screen name)
 Claim or imply they are speaking as a
organizational representative
 Use the companies intellectual
property, logos, trademarks, or copyrights
 Identify a client or co-worker in an online post
Fagan, 2010

23.  The First Amendment does NOT protect an
employee from being monitored, disciplined or
terminated for violating a clear and reasonable
social media policy
 Employees have NO absolute Constitutional
right to
privacy in the workplace (4th Amendment on
searches and seizures does not apply)
 But you need a clear and reasonable policy that
sets out expectations and restrictions on usage
Fagan, 2010

24.  Policy should reduce any expectation of privacy on the
organization’s computers, email systems, blackberry,
telephone/voicemail systems and any of the data on
these systems by:
 Making sure employees know that certain
information exchanged on social networking sites
can be monitored and accessed by the
organization
 Expressly stating: no expectation of privacy, even
with personal use and when telecommuting
 Reserving right to remove content without notice
 Reminding employees about privacy settings Fagan, 2010

25.  Make sure your policy adheres to the following laws:
 Electronic Communications Privacy Act
(Wiretap – consent and business
exceptions)
 Stored Communications Act (improper
access of electronically stored information)
 Federal Trade Commission Guidelines
(false advertising and misleading sales
pitches)
 NLRA (section 7 rights of employees for
concerted activity)
Fagan, 2010

26.  Policy should prohibit employees from disclosing:
 Clients, customers, partners, or suppliers by
name
 Organization’s confidential information and
trade secrets
 Information regarding organization’s clients,
affiliates, partnerships
 Policy should fit in with any restrictive
language in employment agreements or handbook
Fagan, 2010

27.  Some of the biggest issues that arise out of lack
of policy are Harassment and Discrimination,
your policy needs to emphasize that employees
may not:
 Post offensive or insulting material regarding the
company, its employees, vendors, suppliers,
competitors, etc.
 Post information that could be construed as
discriminatory or harassment based on race, age,
sexuality, gender, disability, or any other protected
characteristic

28.  Here is an example of IBM’s current social
media policy
1) Know and follow IBM's Business Conduct Guidelines
2) IBMers are personally responsible for the content they publish on-line, whether in a
blog, social computing site or any other form of user-generated media. Be mindful
that what you publish will be public for a long time—protect your privacy and take
care to understand a site's terms of service.
3) Identify yourself—name and, when relevant, role at IBM—when you discuss IBM or
IBM-related matters, such as IBM products or services. You must make it clear that
you are speaking for yourself and not on behalf of IBM.
4) If you publish content online relevant to IBM in your personal capacity use a
disclaimer such as this: "The postings on this site are my own and don't necessarily
represent IBM's positions, strategies or opinions.“
5) Respect copyright, fair use and financial disclosure laws.
IBM, 2010

29. 5) Don't provide IBM's or another's confidential or other proprietary information and
never discuss IBM business performance or other sensitive matters publicly
6) Don't cite or reference clients, partners or suppliers without their approval. When you
do make a reference, link back to the source. Don't publish anything that might allow
inferences to be drawn which could embarrass or damage a client
7) Respect your audience. Don't use ethnic slurs, personal insults, obscenity, or engage in
any conduct that would not be acceptable in IBM's workplace. You should also show
proper consideration for others' privacy and for topics that may be considered
objectionable or inflammatory—such as politics and religion
8) Be aware of your association with IBM in online social networks. If you identify yourself
as an IBMer, ensure your profile and related content is consistent with how you wish to
present yourself with colleagues and clients
9) Don't pick fights, be the first to correct your own mistakes
10) Try to add value. Provide worthwhile information and perspective. IBM's brand is best
represented by its people and what you publish may reflect on IBM's brand
11) Don't use use IBM logos or trademarks unless approved to do so
IBM, 2010

30.  Amira-Jabbar v. Travel Services, Inc.
 Inappropriate comments were posted on a picture
from a corporate event during work hours, from
work equipment
 The court ruled that the employer was not at fault
for the incident, but as a precautionary measure
Travel Services blocked Facebook and revamped
their Social Media policy to reflect the situation
DiBianca, 2011

31.  Doe v. XYC Corporation
 Management had discovered an employee was accessing
pornographic websites on company equipment
 No steps were taken to ensure the employee halted his
behavior
 Employee was later arrested and charged with child
pornography, some of which he transmitted and submitted
from his work computer
 Doe’s wife sued XYC for failure to monitor her husbands activity
and prevent him from exploiting her daughter
 XYC company was found liable in the suit because they had no
expectation of privacy in Doe’s internet usage on the company
computer
 Court found that XYC had a duty to act to prevent further harm
to innocent third parties
DiBianca, 2011

32.  Be wary when posting recommendations or
references for an employee or subordinate on
sites such as LinkedIn
 These references could later be used against
you in a wrongful termination suit

33.  Social media is around to stay!
 Proper precautions need to be made to
protect your companies reputation as well as
financials
 Don’t put your blinders on, stay on your toes
regarding social media and the constant
changes
 The most important step in protecting your
company is a SOCIAL MEDIA POLICY