In yesterday’s Advisor, we featured attorney Joseph Beachboard’s tips for employers doing background checks using social websites. Today, we move on to his specific recommendations and introduce an audio conference on controlling blogs and other Internet challenges.
Beachboard’s comments came at the recent SHRM Annual Convention and Exposition in New Orleans. He is a shareholder at the Los Angeles office of Ogletree Deakins.
Beachboard’s Recommendations
Beachboard offers the following tips for employers considering background checks on Internet sites:
1. Make an informed decision on the use of Internet background searches on applicants.
Review pros and cons (see yesterday’s Advisor).
2. Take steps to protect yourself.
- Make an effort to minimize the use of impermissible information.
- Make an effort to verify factual information before basing a decision on it.
- Include a release/authorization in applications.
3. Don’t be cute.
- Do not try to access any site that you have not been provided authorization to access.
- Do not falsify information or impersonate in order to obtain access.
4. Retain search information, including:
- All permissible information on which you are basing your decision
- Search criteria, so you cannot be falsely accused of accessing information
5. Focus on job-relatedness of information.
- Have defined search criteria.
- Have a list of the information you do not intend to look at or use.
- Give specific instructions to the searcher not to dig into inadmissible information.
- Be prepared to use this “script” later in litigation.
- Be very careful about documenting the information that you did and did not see.
Can you stop workers from blogging about your company? Negative blogs and websites are a serious problem, but controlling them is tricky at best. Find out how to manage this threat at BLR’s August 19 audio conference, Employee Blogs and Websites: Protect Yourself Against the Business and Legal Risks When Workers Go Online.
6. Be sure to use the right people.
Don’t task this to someone who is not qualified.
7. Evaluate the use of a third party to conduct searches.
This gives the ability to limit what information is provided back to you, but you lack control and may be subject to the Fair Credit Reporting Act. There is also the potential to simply receive a pass or fail decision from the third party.
8. Consider post-offer searching.
On the plus side, post-offer allows you to avoid tainting otherwise well-based decisions because of allegations by people you have no intention of hiring.
On the negative side, it focuses the applicant on the reason for the decision and potentially leads to increased likelihood of litigation if you rescind the job offer.
That’s the story on your use of the Internet. Now how about the other side of the coin—when employees use the Internet to set up websites and blog about your company?
Negative blogging bringing you down? What can you do about employees who complain, demean, and demonize your company online? Find out at BLR’s August 19 audio conference, Employee Blogs and Websites: Protect Yourself Against the Business and Legal Risks When Workers Go Online.
Many employers around the country are dealing with legal threats from a surprising source: their own employees’ blogs and websites. Here are some examples of what can go wrong when your workers go online:
- An employee laid off due to the tough economy posts accusations on her blog that your organization discriminates against women.
- Another terminated worker fires back at you by releasing confidential company information on an anonymous website.
- Several employees upload photos on their MySpaceTM or Facebook pages depicting themselves engaged in really bad behavior while wearing their company uniforms.
- Other workers jointly launch a new website urging their co-workers to join forces for a new union-organizing campaign this year.
When your workers go online, they can create a disturbing array of legal risks for you based on what they post and write—from the loss of valuable trade secrets and loyal customers to irreparable damage to your organization’s reputation.
Harassing or defamatory comments by employees that you would never tolerate inside the workplace can be much more difficult to control when they’re posted on the Internet. And you may face additional legal liabilities, ranging from trade libel claims (if your workers disparage a competitor’s product) to discrimination claims (if they attack fellow workers).
The time to get on top of this threat is now. But how to get started?
We recommend a new 90-minute audio conference called Employee Blogs and Websites: Protect Yourself Against the Business and Legal Risks When Workers Go Online.
The event is scheduled from 1:30 to 3 p.m. Eastern Time (adjust for your time zone) on August 19, 2009. As with all BLR® audio conferences, one fee trains all the staff you can fit around a conference phone, you can get your (and their) specific phoned-in or e-mailed questions answered in an extensive Q&A that follows the presentation, and your satisfaction is assured or you get a full refund.
We invite you to get more information on the conference and the experts presenting it, register, or preorder the CD.
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