Employers are fully aware of Facebook. Many of them use it as a way to pre-qualify candidates, and quite a few employees have been fired for their social media activity. But even if difficult to prove sometimes, the laws governing this type of action are quite specific. Employers must understand what information can be used in hiring & firing, as well as promoting & demoting employees. Depending on the state, things like sexual preference, age, disabilities, marital status, and more may be illegal to use when making these types of decisions and can make employers vulnerable to discrimination lawsuits.
When it starts to get really interesting, however, is where some employers have taken a proactive approach in limiting their employees’ online activity. There has already been some early lines drawn as to what the limits can and can’t include. For example: ‘concerted protected activity’ (such as discussing work conditions with co-workers) may in fact extend to Facebook and other social media activity if it qualifies as such. Employers must be careful not to be too broad in these policies as a result.
From a user’s standpoint, whether employee or applicant, it would be wise to keep tabs on your privacy settings and also ensure your social activity stays clean and appropriate regardless. Attempting to hide behind privacy and/or the above mentioned laws is often a vital mistake.
So be careful on what you post, you never know if will come back to haunt you oneday!
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