Social Networking: H to Lose How L Your Y JJob b Without Really Trying MNA LABOR LEADER SUMMIT 2010 James A.W. Shaw, Esq. Segal Roitman, Roitman LLP March 25, 2010 What is Social Networking Net orking Virtual Internet communities that allow members to connect with the public and each other by sharing content, pictures i andd stories. i p Examples •Facebook •MySpace •Twitter Twitter The N Numbers mbers Percent of recruiters and HR professionals who review these types of sites when researching applicants •Search engines •Social networkingg sites •Photo and video sharing sites •Professional and business networking sites •None None of these Source: Cross Cross-Tab Tab Marketing Research 78% 63% 59% 57% 2% Workplace Iss Issues es •Personal Life On Public Display •Ventingg about the Workplace p •Workplace Workplace TMI •Employer Surveillance E Examples l off Facebook F b k Foibles F ibl Personal Life on Public Display: • Stacey Snider • Teacher in PA • “Drunken Pirate” picture on MySpace Personal Life on Public Display: • Caitlin Davis • Cheerleader for the Patriots • Picture at party g on man writing Venting About Abo t the Workplace: • 13 Virgin Atlantic staff commented on Facebook page • Claimed cabin had cockroaches k h • Said jet engines were replaced 4 times a year Venting About Abo t the Workplace: • Teacher fired for posting on Facebook that she was teaching in “The most ghetto school in Charlotte” • (Did actually ll teachh at a very poor school h l : 95% off students qualify for lunch subsidies) • Another teacher in same district suspended for posting on Facebook “I hate my students” Venting About Abo t the Workplace: • Kimberly y Swann fired for posting “Bored at Work” • Didn’t include company name Workplace TMI • Mark Musarella • EMT fired from Richmond University Medical Center • Uploaded picture off murder d victim i ti to t Facebook Workplace TMI • Lake Geneva, Wisconsin i i • 2 nurses fired for posting photos of patient’s X-ray on Facebook Employers Surveillance: • Kevin Colvin • Intern at Anglo Irish Bank • Told T ld boss b needed d d to t go home for family reasons • Boss found picture from party Employer Surveillance: • Flight Attendant Attendant, Ellen Simonetti, TX • Fired from Delta for picture on her blog in her uniform • Never mentioned employer or full name Th Legal The L l Issues I You’ve Been Caught g – The Legal Ramifications • Invasion of privacy • Non-Discrimination You’ve Been Caught g – The Legal Ramifications • Whistleblowing • Free speech vs. Censorship • Public vs. Private Sector You’ve Been Caught g – The Legal Ramifications • Union contract / CBA • Just J t cause?? You’ve Been Caught g – The Legal Ramifications • Off-duty conduct • Work W k connected? t d? You’ve Been Caught g – The Legal Ramifications • Effect on employer’s reputation • Can the employer still trust you? Protecting P t ti Your Y Profile P fil from f Prying Eyes Profiles are Revealing • Facebook Group “You dialed 911 and requested an ambulance for that!” • Without even being a member of Facebook, we can find this commenter’s ’ name, picture, friends, etc Making Your Profile Private • Edit your privacy settings by clicking “A “Account” ” in i the h top right i h corner Making Your Profile Private Making Your Profile Private • Create a list of friends (like “work contacts” or “family”) so that you mayy control what theyy collectivelyy see on yyour pprofile y Making Your Profile Private • You can change the privacy settings for the list you createdd (easier ( i than h blocking bl ki one person at a time) i ) Search Engine Access • Under the “Search” category, select who you want ant to be able to search for you o on Facebook • Unclick the box below to disallow search engines to connect your name to your Facebook b k profile fil Search Engine Access • Check what the search result is for you on Facebook Using Good Judgment • Don’t friend the boss • Untag yourself in photos • Ask friends to take down pictures of you Using Good Judgment • Make sure there’s nothing incriminating in the background of photos • Assume everything you post can and will ill be b seen by b your boss b Using Good Judgment • Google yourself to see what your employer/ future employer will find • Do not include your place of work in yyour profile p • Remember: old profile pictures are stored on your profile after you have changed them