Introduction
The rise of social media has changed the way many people conduct their lives, as well as their professional activities. Employers can use social media to check job applicants’ online presence and evaluate their suitability for a position, but only if they do so in compliance with applicable laws and regulations. Say’s Wade Kricken such laws include the Stored Communications Act (SCA), which permits employers to access an applicant’s private messages stored using an electronic communications service.
The rise of social media has changed the way many people conduct their lives, as well as their professional activities.
The rise of social media has changed the way many people conduct their lives, as well as their professional activities. Social media provides individuals with a platform to communicate with others in different ways than they may have done before. It also allows them to share information about themselves and their activities more easily than ever before.
Employers can use social media to check job applicants’ online presence, but only if they do so in compliance with applicable laws and regulations.
Employers can use social media to check job applicants’ online presence, but only if they do so in compliance with applicable laws and regulations.
For example, some employers may be tempted to look at their employees’ or prospective employees’ social media profiles during the hiring process. However, there are important legal limitations on what an employer can do when it comes to accessing information on social media sites. Employers should be aware of these limitations before conducting any kind of search or screening based on information found through an individual’s profile pages or posts on Facebook or Twitter.*
Such laws include the Stored Communications Act, which permits employers to access an applicant’s private messages stored using an electronic communications service.
Employers can access private messages stored using an electronic communications service, such as Facebook Messenger or WhatsApp. However, employers are not permitted to access private message shared with others (e.g., emails). This is because the Stored Communications Act only permits access when there is a legitimate business purpose for doing so and this purpose must be communicated in advance by the employer.
Employers should be aware of how social media may impact their employment practices.
Employers should be aware of how social media may impact their employment practices. For example, in many jurisdictions, it is illegal for employers to use social media to check job applicants’ online presence unless they do so in compliance with applicable laws and regulations.
In addition, employers should not use social media as a basis for making hiring decisions or terminating employees without first considering other factors such as an applicant’s qualifications and performance history on the job.
Conclusion
Employers should be aware of how social media may impact their employment practices. They should also be mindful of the laws surrounding use of social media as a hiring tool and ensure that they are in compliance with those laws.
