Pub. 1 2012 Issue 2

Although you may think that your emails, posts and tweets will only be seen by your close friends, think again. Fall Issue 2012 17 RULE #2: Don’t Post Anything You Would Not Say To Your Boss (Or Your Significant Other) Although you may think that your emails, posts and tweets will only be seen by your close friends, think again. They can easily be forwarded to others in an increasing larger circle. In addition, any recipient can print something out or forward it so someone you would not have sent it to in an effort to embarrass you. A sitting federal judge in Montana recently learned this when he forwarded a racist email about President Obama to six “friends” and it somehow found its way onto the internet. Remember, too, that social media is archived, much like email. As a result, things that you post today may still be accessible years from now, long after you removed the post. If you are sued by a subordinate for discrimination, everything you have posted on Facebook, said in your tweets, or forwarded on your computer is fair game to the other side. A racist or sexist comment or joke posted or forwarded after a night of drinking can still come back to haunt you and provide the jury with telling insight into your character as a manager. RULE #3: Be Careful About Checking Out An Applicant Online Many articles have been written about the practice of checking an applicant out online to find out what kind of a person he or she really is. There are even companies that will do this for you. This would include accessing their Facebook page and other sources, as well as “Googling” their name. Be careful. Companies that do this have been warned by the FTC that such activity may be unlawful because they failed to comply with the Fair Credit Reporting Act. In addition, what will you do if you discover that the applicant is suing a past employer for sexual harassment? What will you do if you discover other information which causes you to decide against hiring the individual? If you refuse to hire someone, you may have to explain the reason for your decision in court. So do not base your decision on information that might be viewed as unlawful retaliation or which might suggest some form of bias – sex, race, age, disability, religion, etc. Remember too, you can’t believe everything you read on the Internet. RULE #4: Understand “Protected Concerted Activity” We have all read or heard of cases where an employee posts something critical of his or her manager on Facebook and is terminated. It has been so common that there is even a name for it: “Facebook firing.” But it’s a lot more complicated than that. CONT I NUED ON PAGE 18