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Social Networking: How to Lose Your Job Without Really Trying
MNA LABOR LEADER SUMMIT 2010
James A.W. Shaw, Esq.
Segal Roitman, LLP
March 25, 2010
What is Social Networking
Virtual Internet communities that allow members to connect with the public and each other by sharing content, pictures and stories.
Examples•Facebook•MySpace•Twitter
The Numbers
Percent of recruiters and HR professionals who review these types of sites when researching applicants
•Search engines 78% •Social networking sites 63% •Photo and video sharing sites 59% •Professional and business networking sites 57% •None of these 2%
Source: Cross-Tab Marketing Research
Workplace Issues
•Personal Life On Public Display
•Venting about the Workplace
•Workplace TMI
•Employer Surveillance
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 writing on man
Venting About the Workplace:
• 13 Virgin Atlantic staff commented on Facebook page
• Claimed cabin had cockroaches
• Said jet engines
were replaced 4
times a year
Venting About the Workplace:
• Teacher fired for posting on Facebook that she was teaching in “The most ghetto school in Charlotte”
• (Did actually teach at a very poor school : 95% of students qualify for lunch subsidies)
• Another teacher in same district suspended for posting on Facebook “I hate my students”
Venting About the Workplace:
• Kimberly Swann fired for posting “Bored at Work”
• Didn’t include company name
• Mark Musarella• EMT fired from
Richmond University Medical Center
• Uploaded picture of murder victim to Facebook
Workplace TMI
• Lake Geneva, Wisconsin
• 2 nurses fired for posting photos of patient’s X-ray on Facebook
Workplace TMI
Employers Surveillance:• Kevin Colvin• Intern at Anglo Irish
Bank• Told boss needed to go
home for family reasons• Boss found picture from
party
Employer Surveillance:
• Flight Attendant, Ellen Simonetti, TX
• Fired from Delta for picture on her blog in her uniform
• Never mentioned employer or full name
You’ve Been Caught – The Legal Ramifications
• Whistleblowing
• Free speech vs. Censorship
• Public vs. Private Sector
You’ve Been Caught – The Legal Ramifications
• Effect on employer’s reputation
• Can the employer still trust you?
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
“Account” in the top right corner
Making Your Profile Private• Create a list of friends (like “work contacts” or “family”) so that
you may control what they collectively see on your profile
Making Your Profile Private• You can change the privacy settings for the list you
created (easier than blocking one person at a time)
Search Engine Access• Under the “Search” category, select who you
want to be able to search for you on Facebook
• Unclick the box below to disallow search engines to connect your name to your Facebook profile
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 be seen by your boss
Using Good Judgment
• Google yourself to see what your employer/ future employer will find
• Do not include your place of work in your profile
• Remember: old profile pictures are stored on your profile after you have changed them