Recent statistics posted by Vault.com show that in 2008, 44% of employers admitted to looking up potential hires on Facebook, LinkedIn, MySpace or other social networking web sites (http://www.vault.com/surveys/social-networking/). Furthermore, 82% of employers stated that viewing something they perceive as negative on a social networking site profile would affect their decision to hire a job candidate. With ever the increasing popularity of social networking sites (Facebook and LinkedIn both have more than 20 million registered users), this is going to become a more important issue.
Why are employers using social networking sites to evaluate potential employees? According to an article published on CNN.com in November of 2008 (http://www.cnn.com/2008/LIVING/worklife/11/05/cb.social.networking/index.html), employers want to understand candidates and to look beyond the résumé. Job candidates are not always careful about the information posted on their profiles. Stories or photographs about candidate drinking, drug use or other inappropriate behavior are the most common turn-offs. However, some employers are also looking for evidence of poor communication skills, lies about qualifications or even negative comments about former employers.
How can an employer prevent potential lawsuits when using information gleaned from social networking websites? Employers basing employment decisions (whether hiring or retention) based on information viewed online is an evolving area of law that is still waiting for lawsuits to make their way through the court system resulting in published judicial opinions. Where such sites are used to pre-screen candidates in the selection process, employers may gain significant advantage in a lawsuit by making it clear on their website, job posting or other places that a person’s public online identity may be viewed. Giving clear and conspicuous notice makes it more difficult for an applicant to claim that they had a reasonable expectation of privacy on their social networking site. For existing employees, an employer should ensure that they have clear, written policies concerning personal online use, such as social networking sites, blogs, web pages, chatrooms and other sites.
How can an applicant use their profile to either get hired or to avoid missing out on potential opportunities? CNN.com has posted a list of dos and don’t for social network users to keep in mind (http://www.cnn.com/2008/LIVING/worklife/11/05/cb.social.networking/index.html). The tips include updating profiles regularly and not badmouthing current or previous employers.