The Pitfalls Of Using Social Networking To Screen Potential Employees

Here’s an excellent article on using social networks for employee screening.

Source: IT Business Edge

Lora Bentley spoke with Jacqueline Klosek, senior counsel and privacy law practitioner at Goodwin Procter, about the pitfalls employers want to avoid when using social networking and other Web sites to screen potential employees.

Bentley: I’ve read about the public outcry that resulted from the City of Bozeman, Montana’s decision to ask job applicants for their social networking site user names and passwords. Obviously, there are enough problems associated with that practice that the city discontinued it. Can you explain?

Klosek: It’s just, in my mind, fraught with legal dangers. For example, what you post on your own Web site, the writings and photos and such, you’re really using someone else’s service. And for the most part, if you provide your password to the sites in which you participate, you could be violating their terms of use, which could leave you as the user subject to potential claims, including termination of your account or worse.

Then, as an employer, say you ask someone for their user name and password and then give it to another employee to do the screening, you don’t know exactly what they’re going to do with that information. With the user name and password, they’re basically impersonating the person whose account it is. They can send e-mails that purport to be on that person’s behalf, they can review e-mails that were sent from other people… It could be mundane personal communications, but there could also be trade secrets being exchanged, or a host of other things behind these protected e-mails. It’s just a minefield of dangers, in my view.

Bentley: What if you are using the Internet to screen prospective employees without their user names and passwords? Aren’t there still risks in doing that?

Read the rest of the article here.

Related Posts From FYI Screening:

• The Dangers of Using Social Networks for Employee Screening

• Employee Screening Through Social Networks

• 5 Legal Reasons Why Your Company Should Have a Social Networking Policy

• Twitter and Employment Law Issues

• The Other Background Check: What Does Google Have To Say About You?

Photo Credit: AdamSelwood