How to navigate
Social Media Networks.
Talking Finger Social Media Marketing
facebook.com/talkingfinger
Review of websites that allow you to data-mine public information found on Social
Media sites and web searches, Employee use of Social Media and best practices to
minimize employer risk.
What we are going to talk about
• The rules
• Why you need to lock down your social media profile
(Security)
• Sites to find info on.
• HR Concerns WebPages for reference.
• Legal battles over Social Media
The Rules
Pre-Screening
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Con: Checks Are Dangerous
Experts against doing social media background checks say that they are dangerous, for several
reasons:
1. In doing these checks, you’re bound to find out information about applicants that you don’t
want, such as race, religion, age, etc. Even though it’s obtained innocently, that information could
be used against you if you don’t hire the person. He or she can always say, you didn’t hire me
because of my race, or because of my disability, or because of my family responsibilities.
2. In addition, there’s the danger of making a decision based on false information, either due to
confusion of names, or purposeful placement of malicious information.
3. Finally, there’s also some risk related to invasion of privacy and misuse of websites, especially if
you access information with an assumed name or under false pretenses.
Pro: Part of Due Diligence
However, the other side says, you must do such checks, because that’s how you’ll find out about
the “real person.” Advocates of this approach say it’s now part of due diligence to do a social media
background check, and if you fail to do it, events down the line could cause you to be accused of
negligent hiring. For example, say a person turns violent and injures other employees, and a prehire Google search would have uncovered a history of violence.
The full article can be found here.
http://hr.blognotions.com/2011/09/21/social-media-background-checks%E2%80%94yes-orno/?_m=3l.000l.17.hj0akvkcsb.v4
Security
• Here is a picture that was
posted on Facebook.
• 1-I don’t know David but I
know a friend of his and I was
alerted to this photo through
his post.
• 2-This is a proud dad showing
off his daughters new drivers
license. Problem is ALL here
personal info is here. (I blacked
out the important stuff)
This is the simple stuff that one
can find on Facebook.
Security
• Make sure all you setting on Facebook, LinkedIn, Twitter…etc are set to
protect yourself.
• LinkedIn has a feature under the setting tab called “Make my public profile
visible to no one/Everyone.
• Twitter. Anyone can follow anyone. Or even view what they have said with
out “following them” Great way to see what they are saying.
• YouTube is the same.
• Google/Bing/Yahoo…Search there also and use Images as well as Web
search. ALSO put the search in “ “
• Facebook has switches that allow for:
– Only Me (Very Secure)
– Friends (Only your trusted friends)
– Friends of Friends. (open)
– All (You are wide open!)
Websites where we can find data
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www.zabasearch.com
(basic public info)
www.pipl.com
(good in-depth site)
www.kgbpeople.com
(medium info, but good)
www.123people.com
(basic public info)
www.socialmention.com
(really good)
www.SNITCH.name
(really good)
www.copernic.com
(Software)
www.brbpub.com/free-public-records/BRB public records
www.bing.com/social
(Social search only on Bing)
www.wayback machine.com (goes back to old website data)
Non Traditional Site Searches
• If you have an email address on the resume
you can search:
• eBay.com
• Amazon.com
• Craigslist.
• Google/Bing/Yahoo…etc
HR Concerns
• http://www.allfacebook.com/facebook-employee-policing-2011-10
How To Legally Police Employee Gripes On Facebook
• Having a social media policy in the work place.
Use Google Alerts with your company
name and the major players at your
company. You will get a daily email when
Google crawls various websites, social
sites and blogs. This info has a hyperlink
and will take you directly to the link.
Information Easily Found on Social Networking Sites
Risk Factor: Reputational Harm to Employers
Employees posting videos and photographs
damaging to company’s image
Former employee slamming company’s system
with disparaging e-mails
Former employees “cyber-smearing” employer
Social media at work
NLRB V. AMERICAN MEDICAL RESPONSE
• American Medical Response fired Dawn
Marie Souza for posting negative
comments on Facebook about her
supervisor, including calling him a
“scumbag”
• NLRB filed a complaint alleging violations
of the NLRA, giving employees the right to
discuss the terms and conditions of their
employment with their co-workers
NLRB V. AMERICAN MEDICAL RESPONSE
• HELD: CASE SETTLED.
• AMR promised to grant employees’
requests for union representation
and to revise its Internet and social
media policies
NLRB V. AMERICAN MEDICAL RESPONSE
• The NLRB considers social media no
different than any other medium
• Employers must allow employees
their protected right to discuss
among themselves matters affecting
their employment, even critical
statements made on social media
sites
TAKEAWAY
Risk Factor: Employee Discipline
 National Labor Relations Act
oEmployees who IM or blog about their
working conditions or employers may be
protected under the NLRA
o Employees have a right to engage in "concerted
activity“ for the purpose of collective bargaining or
other mutual aid or protection
o Applies to both union and non-union employees
Laws to Consider
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National Labor Relations Act (NLRA)
Stored Communications Act (SCA)
Fair Credit Reporting Act (FCRA)
Genetic Information Nondiscrimination Act (GINA)
Health Insurance Portability and
Accountability Act (HIPAA)
• Common law privacy principles
Issues and Land Mines
• HIPAA / Privacy
• Photographs
• Discrimination
– Recruitment and
employment
– Policy application
• Harassment
– Co-workers
– Supervisors
• FMLA
• Workplace violence threats
• Defamation
• Whistle-blowing
• Misuse of confidential
information or trade
secrets
• Offending constituents
NLRA & Board Action
• NLRA applies to virtually all private employers
and employees, not just unionized
workplaces.
• Employees are protected from adverse action
for engaging in “concerted activities” to
improve working conditions.
NLRA & Board Action
• Section 7 of the NLRA: “Employees shall have
the right to self-organization, to form, join, or
assist labor organizations, to bargain collectively
through representatives of their own choosing,
and to engage in other concerted activities for
the purpose of collective bargaining or other
mutual aid or protection, and shall also have
the right to refrain from any or all of such
activities....”
NLRA & Board Action
• Protected activity includes, but is not limited
to:
– Employee discussions of wages, hours, and other working
conditions
– Complaints to management about the terms and
conditions of employment
– Other activities for “mutual aid or protection” – not just
union-oriented activities
NLRA & Board Action
• What is not concerted activity:
– Employee ranting on social media site but not
communicating with co-workers;
– Disparaging the supervisor over something
unrelated to work – such as the supervisor’s sexual
orientation; or
– Statements that are “disloyal” – courts have found
statements to be disloyal when they are defamatory
and are not supported by the facts.
SOCIAL MEDIA- Policy
Social Media Policies/Guidelines
• Educate Employees on Expectations
– Sensitive and confidential information should not
be disclosed to the public
– Social networking activity should be consistent
with company policies on computer use, privacy,
identification etc.
– Posts can blur distinction between personal
opinion and company approved statements
• Inaccurate posts should be corrected
– Consequences of violating policies
Social Media Policies/Guidelines
REDUCE COMPANY EXPOSURE TO LITIGATION
• Create Rules for Social Media Use
– No disclosure of confidential information
– No harassment, bullying
– No disparagement of company or competitors
• Caution: NLRA “concerted activity”
– Follow copyright laws
• Employees blogging, posting about industry or company should
make clear that opinions are personal and not company approved
Create Boundaries for Business versus Personal Relationships
• Develop written social networking and blogging policies that do not run
afoul of the NLRA and revise those policies that do.
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Clearly define expectations of use of social media
Identify prohibited activities (e.g. sexual harassment)
Identify risks of posting
Explain discipline for policy violations
Require employees to report policy violations
Terms of an Effective Internet Use
Policy
• Employer should REVIEW AND REVISE policies
regularly
– Need to put date on each revision
• Employer should ACTUALLY MONITOR use of the
system and devices to maintain and protect policy’s
integrity
– Guard against violations and inconsistent use
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Thank you