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Social Media and Employment
Transcript of Social Media and Employment
JohnDaubenmire Evolution of Social Media Evolution of Social Media Evolution of Social Media What did the courts say? Employer's use of Social Media Public Information: What Employers Could Find Mid 1990's:
- AOL (America Online)
- Every household begins to get PC
~540 million registered users
~1 million registered members 2002
~ "Circle of Friends"
~ 3 million registered users
~ Networking resource for
~ 175 million registered users
~ Targeted Generation Y
~ 25 million registered users 2004
~ Spent two years as a campus-oriented
site for Harvard students
~ Opened to general public in 2006
~ Leader of social media network
~ 1 billion registered users
~ Users send and read text-based
messages, known as tweets
~ 500 million registered users Not getting hired
Getting fired Pictures of the Land Rover accident were not protected by the Administrative Law Judge as protected concerted activity
Pictures of the event hosted at the BMW dealership WERE protected as concerted activity
Agreed that there was no problem with the employee's termination, so long as it was based solely on the pictures posted of the accident. Hidden: 14
Just Profile Pictures: 3
Wall Posts: 1
All Tagged Photos: 1
All Albums: 8 National Labor Relations Board
Research showed that employers stifling employees’ rights to organize and form unions had a negative effect on commerce
NLB enacted by congress in 1934 as an independent federal agency
Protects the rights of employees to join together NLRB Privacy Settings Social Media got me Fired Third largest retailer in the US
Policy in the handbook found to suppress freedom of speech and violate section 7
Section 7: “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 concerted activities for the purpose of collective bargaining or other mutual aid or protection.”
All employees should review their policies Costco Case Know the site's privacy settings BEFORE you sign up with an account.
Important things to look for:
Go to the end of the document
Understand what will happen if you decide to cancel to your account. What will happen to all of your information?
How long is your information stored on the website?
Who owns the data that you put on the website?
What happens if the site changes their privacy policies? Even if your information is "private"
is it really hidden? The general agreement of what is private has changed drastically due to what we put on the internet
Employers have the right to the information you post on social media when you are posting from a device that is owned by the company, or when you are posting during working hours.
Despite the fact that you may have secured your information by making your personal site private, employers can still access your information by accessing it through mutual friends or networks.
Some employers have a policy as to what you can post on their sites. Next time you post on
Social Media... think about it first Rule of thumb... would you want it on a billboard?
Understand your privacy settings
Make sure that your understand your employer's rules regarding social media
Understand that while some of your activity is protected by the NLRB as concerted activity, lots of social media posts are NOT.
Unfavorable actions on social media can be grounds for termination. Kevin Colvin
Intern at a Bank in New York
Fired after he asked to go home early one night due to a family emergency. Pictures surfaced on Facebook that showed that he actually went to a party instead.
Boss saw the pictures and he was fired shortly afterwards. Social Media Got Me Fired Ashley Johnson was a server at Brixx Pizza in North Carolina.
Complained about a couple that came into the restaurant on Facebook, and used Brizz Pizza's name in the Facebook post.
She was fired a few days later. Social Media Got Me Fired... Adam Smith was the CFO of Vante, a medical manufacturing company located in Arizona
After the Chick-fil-A scandal emerged, Adam Smith went through the drive-thru and antagonized the employees.
He took a video of this experience at Chick-fil-A that showed how rude he was to the employees.
The video went viral as soon as it was posted
He was fired the next morning. FYI - Facebook's Privacy Settings When you delete pictures or posts from your Facebook site, they may be deleted from public view, but that does not mean that your information has been completely deleted from the servers.
Save information about their users to "better serve them in the future".
When you deactivate your account, your information is saved in case you decided to return to facebook.
When you delete your account, you will not be able to access your information again Discussion Do you think that Adam Smith should have been fired from his position at Vante?
Should it be illegal for employers to discriminate based upon non-public information?
Where do you think social media will be in 10 years?
Do you think that the policies in the U.S. should be more like Europe's? How Social Media can Hurt You http://sphotos-a.xx.fbcdn.net/hphotos-snc6/230964_10150167950052011_3975627_n.jpg
http://sphotos-a.xx.fbcdn.net/hphotos-ash4/389522_10150349446326892_1520435131_n.jpg Examples Social Media can Help You... Find a Job Get Hired But... Social media can also demonstrate well-roundedness with a wide variety of interests 16% of employees found their current job from online social networks.
Up 11% from 2010
People who got their job from social networks
18,400,000 from Facebook
8,000,000 from Twitter
10,200,000 from LinkedIn It's more likely to hurt you
~ open API
~ "like" button
~ news feed
~ status updates
~ networks, groups Why Facebook & Twitter Rule the Web Twitter
~ "follow" me
~ hash tag
~ twitter widgets
~ mention accessory FEATURES: you are viewable in inappropriate photos your online identity contradicts your work identity you make unprofessional comments about work or clients your online activity shows signs of or support for underage drinking or drug use your likes imply non-professional conduct If: But thats not all, Even a completely clean profile implies: You have no social skills and would not be a good fit You are hiding something Is it really legal? There aren't a lot of cases right regarding social media and the law
One of the main questions regarding social media is whether or not the information that you put online is considered "concerted activity"
That being said, employers have been able to fire employees due to their behavior on social media, and many of these cases are holding up in court
Employee at Karl Knauz Motors fired after posting negative pictures on Facebook relating to his place of work
Was asked to take the pictures down immediately
Employee complied with his employer's requests, but was still fired 37% of companies use social media to research potential job candidates
29% said social media was a deciding factor in hiring a candidate
34% did not hire a candidate because of their online identity
64% of companies conducting social media 'background checks' use Facebook or LinkedIn
Only 16% use Twitter to examine job candidates Employers like candidate's social media profiles when they:
reinforce a good impression of the candidate's personality
present a professional online presence
reveal good communications skills Social media sites can show potential employers your personal brand and your abilities to utilize social media Following, friending, or liking a company and its employees shows interest in the company As of May 2, 2012, employers in Maryland cannot ask applicants for their social media password or username, nor deny acceptance based on their refusal
Maryland is the only state in the country to have a law like this New Maryland Law Spain: Employers may not monitor the content of an employee's social networking site without the consent of the employee
France: Before an employer monitors its employees' use of social media, it must inform its work council, inform the employee and state the purpose, inform the French data protection agency, and may need to file with the French labor administration Policies in Europe