- Lisa Landry is a marketing consultant with over 25 years of experience who specializes in developing social media strategies for businesses using LinkedIn. - James P. Harris is an attorney at Sheehan Phinney Bass + Green law firm who represents clients in various types of complex litigation matters. - The presentation provides information on using LinkedIn for human resources functions like recruiting, vetting applicants, monitoring employees, and dealing with legal issues that may arise.

1. Presented by Lisa Landry and James P. Harris

2. Lisa Landry has been in the marketing industry for more than 25
years. An early adopter of LinkedIn, she supports her clients in
developing and implementing effective business-to-business
social media strategies where LinkedIn plays a vital role. Lisa
believes that the best customer is an educated customer and
she enjoys sharing her knowledge about the wonderful world of
LinkedIn with everyone who wants to be more LinkedIn-Savvy!
Phone: 603.792.0080
lisa@savvyworkshop.com
linkedin.com/in/llandry
@SavvyWorkshop
Lisa Landry, Founder, Savvy Workshop

3. About LinkedIn
Largest B2B with over 300,000,000
Members in over 200 Countries

4. For HR Professionals

5. Leveraging the Power of Your Network

6. Attracting the Best Candidates

7. Your Company Page

8. What is Your Employee Value Prop?

9. What is Your Employee Value Prop?

10. Leveraging Your Network with Keyword Search

11. Filter by Location, Industry, Experience

12. Using Groups to Find Candidates

13. Using LinkedIn Introduction to Find Candidates

14. Use LinkedIn to Evaluate Qualifications

15. Post Your Job

16. Creating a Job Posting

17. Creating a Job Posting

18. Creating a Job Posting

19. Sample Job Posting

20. LinkedIn Recruiter

21. Search for the Perfect Candidate

22. LinkedIn Talent Solutions

23. Contrasting Plans

24. LinkedIn Recruiter

25. Search by Job Title

26. Using LinkedIn Algo Rhythms to Find Candidates

27. Using LinkedIn InMail to Contact Candidates

28. Use Profile Notes

29. 291
Did you know that 60% of Professionals
are open to job opportunities but are
not actively looking?
Finding Passive Candidates

30. Targeted Approach to finding the right candidates

31. LinkedIn Viewer Aware Career Pages

32. Tell Your Story with Career Pages

33. Advertise Your Position

34. Advertise Sample

35. Sponsor Your Job Postings

36. Employee Testimonials

37. Showcase Jobs On Your Company Page

38. Leveraging Recruiter

39. Evaluate Candidates

40. Targeted Searches

41. Saved Searches

42. Connecting with Candidates via InMail

43. Creating Templates

44. Managing To Do’s

45. Project Management Tools

46. Find Who’s Looking at You

47. Benefits of Recruiter

48. The View From Recruiter

49. James P. Harris, Sheehan Phinney Bass + Green
A member of our firm since 2002, J.P. represents clients across a wide variety of industries in civil
litigation. His work includes the representation of both plaintiffs and defendants in complex litigation
matters including general commercial disputes; trade secret, noncompetition and restrictive covenant
litigation; employment cases; and construction actions. In his time with the firm, J.P. has represented
businesses and individuals engaged in various aspects of the construction trade, media companies
defending defamation claims, product manufacturers facing warranty claims, technology developers in
business-to-business disputes and noncompetition litigation, victims of professional negligence, and
many other types of businesses.
J.P. provides general legal advice to companies in several fields including medical and real estate
sectors.
J.P. has developed expertise in records and data management policies and the management of
electronically stored information. He has drafted records management policies implemented by a
variety of businesses. He has lectured and presented on all aspects of document retention and
destruction policies, with particular emphasis on their application to litigation. He has also cultivated
skill in the electronic discovery practices and data mining techniques that impact all litigation matters.
Phone: 603.627.8152
jharris@sheehan.com
linkedin.com/pub/james-jp-harris/24/b32/244

50. •Searching for candidates for employment
•Vetting applicants for employment
•Monitoring employees for compliance with
company policy:
–Negative or misleading statements
–Confidential information
–Loss of productivity
LinkedIn Other HR Uses

51. •Monitoring departed employees:
–Violation of restrictive covenants (non-
disclosure, non-solicitation, non-
competition)
–Negative or misleading statements
LinkedIn Other HR Uses

52. In vetting an applicant, you search online and learn
that the applicant:
–Belongs to a particular church
–Has a child with severe medical issues
–“Likes” a group that advocates against gay
marriage
–Connects with a particular political candidate or
PAC
LinkedIn Tricky Situations

53. In vetting an applicant, you search online and learn
that the applicant:
–Posts negative statements about his/her prior
employer
–Attended a raucous party last weekend
–Celebrated their 60th birthday last month
LinkedIn Tricky Situations

54. In vetting an applicant, you search online and find
a person with the same name was arrested for
DWI last year
LinkedIn Tricky Situations

55. When monitoring current employees’ activities, you
learn an employee:
–Posted comments that the working conditions are
deplorable
–Posted comments that working conditions at the
company are deplorable and the CEO harasses the
employees
–Posted bullying remarks
–Posted comments online that disclose an
unannounced new venture for the company
LinkedIn Tricky Situations

56. When monitoring current employees’ activities, you
learn an employee:
–Posted inaccurate experience, duties, and
qualifications
–Posted comments that a competitor’s product is
tainted with lead
–While out on medical leave with a back injury went
on a white-water rafting trip
LinkedIn Tricky Situations

57. A manager gets a request to “connect” from a
subordinate/direct report
An employee gets a request to “connect” from a
departed employee now working for a competitor
An employee endorses someone working for a
competitor
LinkedIn Tricky Situations

58. •National Labor Relations Act
•Anti-Discrimination Laws (Title VII, ADA, RSA 354-A, etc.)
•Whistleblower/Anti-Retaliation Laws
•Electronic Privacy Communications Act/Stored
–Communications Act
•Federal Trade Commission regulations
•Trade Secrets Laws
•Securities Laws
•Employee Privacy Laws (RSA 275:72) (RSA 275:41-b, II)
•Common Law Claims (defamation, invasion of privacy, etc.)
LinkedIn Applicable Laws

59. Using LinkedIn for Hiring
LinkedIn Hiring

60. Written Policy on the use of LinkedIn for hiring that
ensures uniform treatment of all applicants:
–Goal: avoid claim that denied employment for
illegitimate or discriminatory reasons
–What sites will be searched for every applicant (or
applicants that make it to the final cut)
–Document the searches run/results
•Consider printing or saving because dynamic
•Keep for period of time after close position
LinkedIn Hiring

61. Recommendation
Use a screener to separate information regarding
protected classes from the decision maker
–If use third party, subject to Fair Credit Reporting
Act
Also consider adding EEO/AA tagline to job posts
LinkedIn Hiring

62. Restriction
Cannot compel an applicant (or employee) to
disclose login information to “personal accounts”
RSA 275:72 (effective 9/30/14)
LinkedIn Hiring

63. LinkedIn and Current Employees
LinkedIn Regulating Use

64. National Labor Relations Act
• Exacting focus on policies that in any way
restrict speech by employees about their
working conditions
LinkedIn Regulating Use

65. Karl Knauz Motors, Inc. (NLRB 2012)
•Employee posted comments on Facebook that employer
was cheap with food selection for marquee sales event
•Policy required employees to be courteous, polite
•Unlawful because employees would reasonably construe
broad prohibition as prohibiting objections to working
conditions and seeking the support of others to improve
them
LinkedIn Regulating Use

66. Design Technology Group, LLC (NLRB 2013)
•Facebook chats that manager was immature and
employees was stressed out
•Unlawful termination because complaining about working
conditions/supervisors is a protected activity
LinkedIn Regulating Use

67. Hispanics United of Buffalo, Inc. (NLRB 2012)
•Facebook posts regarding co-worker’s criticisms of job
performance
•Fired for violation of company anti-bullying policy
•Unlawful termination because employees were taking a
first step toward group action to defend themselves against
accusations they reasonably believed would be made to
management
LinkedIn Regulating Use

68. Triple Play Sports Bar and Grille (NLRB 2014)
•Facebook posts by former employee regarding employer’s
failure to withhold taxes properly
•Current employee “likes” the post and is terminated
•Unlawful termination – “liking” is a form of protected
speech
•Employer’s internet/blogging policy was unlawful
(prohibited “inappropriate discussions”)
LinkedIn Regulating Use

69. Written Policy:
–Comply with NLRB decisions and guidance
–Use NLRB-approved disclaimer (Handout)
–Reserve right to monitor, no expectation of privacy
–Define appropriate use of LinkedIn in a way that
does not restrict protected speech (speech about
working conditions, wages, etc)
LinkedIn Regulating Use

70. Written Policy:
–Prohibit disclosure of “confidential information”
(defined to NOT include terms of employment)
•RSA 275:41-b (cannot discipline for talking about
wages) (eff. 7/22/14)
–Require disclaimer that employees do not speak
for the company*
•Still unsettled within NLRB
LinkedIn Regulating Use

71. Written Policy:
–Identify who does speak for the company
–Train employees on proper use of LinkedIn
•Can prohibit use of social media during work hours
–Have a company LinkedIn account
–Set parameters on “liking” or “endorsing”
consistent with NLRB restrictions
LinkedIn Regulating Use

72. March 18, 2015 Memo of NLRB General Counsel
• Review of unlawful and lawful handbook
policies
• See handout materials
• Review of Wendy’s handbook policy after
settlement with NLRB
LinkedIn Regulating Use

73. Using LinkedIn During Investigations
LinkedIn Investigations

74. RSA 275:72 expressly empowers employers to
use social media as part of investigations into
employee misconduct
LinkedIn Investigations

75. LinkedIn and Departed Employees
LinkedIn Departed Employees

76. Written policy:
–Who owns profile
•Argument that employer owns because work for hire
•Be careful about independent contractors
–Reserve right to search for them post employment
LinkedIn Departed Employees

77. Review of handout materials:
What has been deemed unlawful
What has been deemed lawful
Disclaimer language
LinkedIn Departed Employees

78. Questions?
LinkedIn Q & A

79. Thank You!

80. Savvy Workshop develops multi-channel marketing campaigns
and education-based marketing events that help clients reach
their targets. They are experts at developing brand roadmaps,
creative graphic design, crafting compelling messaging and
producing impactful marketing collateral. They are experienced
in social media strategy and implementation, special event
production and tradeshow management. Digital services include
the execution of high-impact websites, video content, e-mail
marketing and online sales tools. www.savvyworkshop.com
About Savvy Workshop, LLC

81. Sheehan Phinney is a full-service business law firm providing a broad range of
sophisticated legal services to clients in traditional and emerging areas of law. Our
diverse client base includes local and regional businesses, institutions and
municipalities, as well as national and international businesses.
With offices in the major business centers in New Hampshire and Massachusetts,
our firm is strategically positioned to serve this thriving part of New England. Our
goal is to understand and pursue our clients' ultimate business objectives - a simple
concept, but one that we never take for granted. No matter how many times we
have worked in a particular area, we know that each client's needs are unique. For
over 75 years, understanding our clients' businesses and helping to identify and
define their best approaches to a problem has earned us the trust, confidence, and
loyalty of our clients, who rely on us not just as their lawyers, but as their counsel.
www.sheehan.com
About Sheehan Phinney Bass + Green