Tips for Smart Social Media Background Searches

The element of surprise in social media background searches is highly overrated, says attorney and social media expert Molly DiBianca.

DiBianca, with the law firm of Young, Conaway, Stargatt & Taylor LLP, made her remarks at a recent regional meeting of the Employers Counsel Network.

She notes that she’s heard about job interviews in which the candidate is told to come around to the interviewer’s side of the desk and log into his or her Facebook account. “This is horrible,” says DiBianca. “The person just feels blindsided.”

A better approach, she says, is to do the following:

1. Set a policy in advance on what you are going to look for. It should be a list of five to six criteria vetted both internally and by counsel.

2. Do social media background searches only on your short list of finalists for the job.

Got an updated social media policy that’s California-compliant? We do.

3. Tell the applicants in advance: “Here’s what we look for; if we find something, we’ll tell you.”

“I’m not in favor of surprises,” DiBianca says. (She also notes that the type of people who generally post terrible things on social media sites aren’t generally the sort of people who will think to try to clean things up for you in advance.)

4. Separate the searcher and the decisionmaker. The decisionmaker should be presented only with findings that pertain to the list of criteria established in step #1.

That way, if the searcher comes across information that shouldn’t be considered in making a hiring decision, such as protected class, the searcher won’t pass that forbidden information along to the decisionmaker.

5. Tell the applicant if you are making a negative decision based on what was found online. Perhaps there is a good explanation—for example, that you looked at the wrong person’s page.

Gaining Access

One suggestion for gaining access to someone’s social media pages: Ask the person to “friend” you for 24 hours only. You get your chance to look around, but then the privacy returns.

Protect Your Workplace with the California Employee Handbook Template—Fully Updated for 2012!

You shouldn’t attempt to do business in 2012 without a fully updated social media policy. But you need plenty of other policies, too Equal employment, FMLA/CFRA, at-will employment … the list goes on and on.

A clear, updated collection of consistently enforced employment policies will go a long way toward keeping your workers informed and happy. Do you have one?

You do now. The California Employee Handbook Template is a complete collection of 101 vital policies—written specifically for employers in California—along with guidance as to which policies apply in which situations. You get:

• At-Will Employment
• Employee Classifications
• Social Media Code of Conduct
• Right to Observe Employees
• Voice Mail, Email, Electronic and Computer Files, and Usage
• Appearance and Courtesy; Uniforms
• Equal Employment Opportunity
• Harassment Prohibited
• Retaliation Prohibited
• Bullying Prohibited
• Accommodation of Disabilities
• Zero Tolerance for Drugs or Alcohol in the Workplace
• Terminations
• Final Pay
• Progressive Discipline
• Rest Periods
• Meal Periods
• Overtime Pay, Authorization, and Mandatory Overtime
• Payroll Deductions
• Travel Time Pay
• Bereavement Leave
• COBRA Coverage for Health Insurance
• And 79 more!

Click here for a full Table of Contents.

All of the policies are fully editable and customizable—when you order, you’ll get a link to editable Word versions of all 101 policies.

Plus, we’ve gone through the entire handbook and made all of the updates you need for 2012—you won’t have to worry about being tripped up by an out-of-date policy that’s no longer legally compliant. 

All of the policies in the California Employee Handbook Template have been drafted by an experienced California employment lawyer. Plus, we’ve provided practical information for every single policy on:

• Which employers the policy applies to
• Which employees the policy applies to
• Whether the policy is required or optional
• Special considerations

It’s like having a California employment lawyer on call, working on your handbook 24/7, at a fraction of the cost!

Best of all, we’ll send you a brand-new edition each year so you always have the most up-to-date policies available. Don’t delay—order today and get your handbook up to date once and for all.

Download your free copy of 20 Must-Have Employee Handbook Policies today!