Social Networking & Computer Privacy
The widespread use of social networking has caused concern among employers about the information that may be on a potential employee’s or an employee’s social networking site. An employer may want to see a social media site to get information about a job applicant or an employee that may not available by any other means. Likewise, an employee’s use of the company computer can also be a cause for concern, and some employers have faced serious legal problems arising from an employee’s misuse of the company computer. Both of these issues will be discussed below from the employee’s perspective.
Can Potential Employers Use Information From Social Media In The Hiring Process?
The short answer is no! California law is very specific on this point. The law explicitly forbids an employer from asking a potential employee about whether they have a social media account, and if they do, the employer cannot ask to see their social media account or ask for access to it. The law also covers pictures, profiles, blogs, and emails.
However, the issue is much like a double-edged sword for a potential employee. While the law expressly prohibits an employer from using the potential employee’s refusal as a reason to deny employment, it is unlikely that the person would know that their refusal was the reason. So, the logical question is how can a potential employee deal with this issue.? The answer is to set up a separate social networking account that has no content that might be objectionable. If this plan is not an option, then the potential employee can perhaps justify the risk in refusing access.
This question should be carried further to involve existing employees. The law prohibits the employer from asking existing employees for access to their social media account unless access is pertinent to an investigation of possible employee misconduct or employee violations of laws and regulations. The law requires that access is used for the investigation only.
Can My Employer Legally Monitor My Computer and Internet Activities?
Yes, they can. Decisive appellate court decisions have come down protecting an employer from an employee’s illegal or otherwise harmful use of the employer’s computers. The courts have also recognized an employer’s right to monitor the use of its computers to determine efficiency and bandwidth usage. The employer has a right to monitor emails sent from its computers, but it cannot monitor incoming emails. However, the employer can access private emails that an employee stored on a company server.
More employers than we realize monitor the computers used by employees. The best practice for employees to follow is to use their company computer for business purposes only.
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.
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