MySpace: Recruiting tool or legal land mine?
May 22, 2008 by Fred HosierPosted in: Dubious decisions, Special Report
What happens in Vegas stays in Vegas. But what about employees’ or applicants’ social networking Web pages? With the popularity of Facebook and MySpace, the intersection of workers’ private and workplace lives is a tricky place to be for many HR pros and hiring managers.
Justin Varkony maintained a MySpace page. Among the info on the page is that, “Justin [is] a super trained killer ninja fighter of the night [and] has not had a chance to use this special skill yet.”
Varkony may or may not be a ninja fighter, but there’s no doubt that he’s a police officer in Oveido, FL. Apparently, that posting about being a ninja fighter caused some concern for his police department superiors.
Because of that MySpace entry, Varkony was placed on desk duty for a month while the department investigated.
The final verdict: Varkony got his badge and gun back and is now on street duty again.
Police Chief Jeffrey Chudnow said the post sounded inappropriate to him. However, Varkony never mentions on his Web page that he’s a police officer. That, apparently, saved him his badge.
Varkony said he posted that sentence in response to an online video game opponent.
The officer’s case got some local attention. At least one local TV station gave it coverage.
That station looked into Varkony’s longtime record as an officer. He had been investigated 25 times.
The Chief says some were minor traffic accidents. Some were sustained, some not. The Chief says each investigation is handled separately, as was the MySpace situation.
Should you ‘Google’ them?
Varkony’s situation isn’t unique — at least not anymore.
And in situations where social networking Web site comments are work-related, it has cost employees their jobs.
A substitute judge in Nevada lost his post after logging negative comments about prosecutors on his MySpace site (click here and scroll down to the August 2007 item).
So what if an executive at your company posts a vacation photo of himself at a nude beach? What if that executive is only wearing a hat with your company’s logo?
And what about applicants? If you “Google” them and distressing photos or statements show up, what do you do?
It’s a tricky call. Hiring managers should know that information gleaned from the Web, such as the person’s ethnic background, religion, age or disability, can’t be used in making any adverse employment decisions. Some state laws go further, adding sexual orientation and political affiliation to the list of protected categories.
If your company plans on checking out employees’ social networking Web pages, it’s a good idea to have a policy on the consequences of what may be found and to run that policy by legal counsel.
And remember, if you find something that could jeopardize employment, check with the person in question. It’s too easy for photos to be altered or for a person to post on the Web in someone else’s name.
Does your company have a policy on this? Do you check applicants’ social networking Web pages? Let us know. Drop us a few lines in the comment box below.
Tags: applicants, Facebook, MySpace, social networking
May 23rd, 2008 at 10:23 am
Yes, I look at social networking sites. I run a small company and personality fit’s are a must with so few employees working so closely together. The only times I have dismissed an employee due to content on a social networking site is when there are drug references. I recently looked up a prospective employee who had a picture with her boyfriend and both had bloodshot squinty eyes. The caption said “this is after about three blunts”. No need to hire and waste money on a drug test when I already know they will fail it! Also, the fact that they posted such a picture and comment and left their profile available for public viewing makes me question their overall judgment.
May 23rd, 2008 at 10:55 am
We look at social networking sites. We have a small company and found a current employee of ours was using the company’s email address to receive inquiries from her myspace page and was online chatting during work hours.
May 23rd, 2008 at 11:59 am
Yes, I look at networking sites. It is just one more data point in a myriad of separate points.
I also train new managers to be judicious about what they put on the web or what is put out there about them. Too often things intended to be fun can impeach credibility with staff. We live in a 24/7 glass house, so we have to be aware of the consequences of our action. There are also many people who use the web to discredit others. All things should be taken for what they are, just unverified information.
May 23rd, 2008 at 12:12 pm
I disagree when employers look at personal websites and use them as a means of a background check. How can it be determined when a photo was taken, and in many instances has not one person had a photo taken where they are not under any illegal substances but sure look like they are. Using this method as a means of screening potential employees or firings ones that look suspicious is a sure sign that the laws are getting out of hand - it’s no wonder that accountability is scarce in these times and that there is total disregard for the fact that you have a job, so what… one gets fired, they sue for wrongful termination or whatever and they move on.
May 23rd, 2008 at 2:37 pm
I’m an HR manager and have been ordered by our corporate headquarters to use Google as one of our panoply of background checking tools; however, I never make a screening decision based solely on Google hits or social networking sites. If something really objectionable comes up, I may ask the candidate for an explanation, so that at least they can tell their side of the story before any decision is made.
I continue to be amazed, however, at the naiveté of younger people who think that this information should be somehow off-limits. If I was at a concert or party and saw someone behaving badly, or attended a speech where they espoused troubling views (such as racist or extremist dogma), and then met them the next morning as a job applicant, I wouldn’t hesitate to use that information in my professional evaluation of them as a candidate. People, especially those of my generation (Gen X) and younger, need to be very aware of the fact that the Internet isn’t private; it’s public, and the goings-on there are fair game just as if you were in a public park or standing down on the corner.
May 26th, 2008 at 1:37 pm
As an HR manager in a human service company we developed a policy to ensure employees that do have a myspace or facebook page mark invite only or private. We had a situaiton where one of our clients googled a counselor and found inappropriate pictures and comments regarding alcohol and resulted in the counselor’s ineffectiveness to provide treatment. As for using as part of a background check, I strongly believe that is part of their personal life and as long as it does not intefere with their professionalism and work performance it is none of my business.