Featured Blogger - Molly DiBianca: How Employers Are Putting Online Social Networking Sites to Work

Online social networks (OSNs), such as Facebook and MySpace, are becoming increasingly common tools in employers’ arsenals.  Employers have found a number of ways to use technology to their advantage.  The various scenarios span from pre-employment (recruiting), to potential employment (screening), and then all the way through the employment relationship (monitoring).  In this post, we’ll look at how employers are putting each of these tools to work.

  To listen for free to my podcast on the implications of social networking on workers' comp cases, click here.

The most innocuous of these various strategies is the use of OSNs like Facebook and, more recently, Twitter, to create an online presence, thereby popularizing the organization and promoting a positive image to attract potential employees.  The idea has been catching on and organizations of every size are using Facebook and its more “grown-up” brother, LinkedIn, as recruiting tools.  Even Uncle Sam joined in when the U.S. Army created a Facebook profile where other users can learn more about the armed services. In this instance, employers aren’t seeking out any one individual as much as they are seeking to advertise themselves and hoping that potential candidates will reach out to them.

A more scandalous use of OSNs is as a screening tool during the hiring process.  More than 20% of employers report using OSNs to screen job applicants.  There has been a great deal of criticism and concern surrounding this practice.

Opponents argue that privacy concerns should outweigh the employer’s desire to “get the scoop” on a potential candidate.  They also claim that the practice puts the employer at risk for a discrimination allegation.  And, finally, opponents point to the potential for error, for example, if the employer visits the website of the wrong “Jane K. Smith.”

But the criticism hasn’t stopped the practice.  In fact, there are now websites, like Yasni.com, that offer “free social reference checks.” Not only will Yasni collect “professional information” through sites like LinkedIn and Jigsaw, it will also search through online criminal records using criminalsearches.com.  But, what may come as a surprise to some job candidates is that Yasni will also provide details about an individuals “social behavior” by returning social networking profiles, including MySpace and Facebook, blog postings, and even online shopping wish lists.

And, on a regular basis, employers use OSNs to monitor their own reputations.  Some employers hire an outside source or purchase software applications, such as Reputation Defender or Trackur, to scour the web and the various OSNs, searching for the employer’s name.  Others simply search the name of their company using Google or other search engine.  And, somewhere in the middle of those two options are employers who regularly monitor OSNs, looking for any mention of their organization, its products, and its employees.   

Publisher's Note: Molly DiBianca, our featured blogger this week, will discuss the intersection of social media, technology, and employment law and its possible implications for workers' compensation.