To snoop or not to snoop, that is the question. Whether or not to review an applicant’s various social networking sites (“SNS”) prior to making a hiring decision or monitor an employee’s SNS when making an employment decision goes beyond conventional wisdom; there are significant potential legal risks, vis-a-vis certain federal, state, and local laws, that employers should be aware of before making the decision to look at SNS. Our Award Winning New York Employment Attorney discusses some considerations below.You should contact an experienced attorney to discuss your specific questions.
As discussed in yesterday’s blog post, employers may believe it necessary to review employees’ SNS in order to protect trade secrets and proprietary information, to comply with certain regulations, or simply as a preventative measure in order to keep the employer from being exposed to legal liabilities. A simple post on Facebook by a hospital employee may violate HIPAA. A tweet on Twitter about a restaurant manager’s alleged criminal history may defame the manager, embarrass the company, and lead to disciplinary issues in the workplace.