by Nicholas Walker, Esq.
In a stagnant economy, smart hiring decisions are more important than ever. That’s one reason employers increasingly use web-based social media—such as Facebook, LinkedIn and Twitter—to screen potential employees, in addition to the usual applications, interviews, references, and background, credit and drug tests.
But they don’t always recognize the potential pitfalls and risks.
Invasion of privacy
Applicants who feel employers shouldn’t be looking at their social networking profiles, often claim that it’s an invasion of privacy. Many social networkers believe that what they do and post on social networking sites is private.
Under the law, a claim of invasion of privacy is almost exclusively based on whether an employee has “a reasonable expectation of privacy in the information viewed.”
Courts have yet to decide any lawsuits alleging invasion of privacy by employers checking applicants’ social netwo...(register to read more)