4. what can get you in trouble:
• posts on company time using company resources
• using the company‟s name/logo
• disclosure of trade secrets
• harassment or bullying
• libel
5.
6.
7.
8.
9.
10.
11.
12. • don„t contradict yourself
• don„t lie (and don‟t exaggerate)
• don„t name names
• check what your co-workers can see
• add managers/co-workers to “Restricted” list
13. sources
Thirty-seven percent of companies use social networks to research potential job candidates, according to
new CareerBuilder Survey -
http://www.careerbuilder.com/share/aboutus/pressreleasesdetail.aspx?id=pr691&sd=4/18/2012&ed=4/1
8/2099
Employee Posts on Facebook, MySpace, Twitter, and Blogs - http://www.nolo.com/legal-
encyclopedia/employee-posts-facebook-myspace-twitter-32954.html
Even if It Enrages Your Boss, Social Net Speech Is Protected -
http://www.nytimes.com/2013/01/22/technology/employers-social-media-policies-come-under-regulatory-
scrutiny.html
Conscientious Employee Protection Act (CEPA) N.J.S.A. 34:19-1 -
http://www.judiciary.state.nj.us/directive/2009/dir_09-09.pdf
Facebook post costs waitress her job - http://www.charlotteobserver.com/2010/05/17/1440447/facebook-
post-costs-waitress-her.html
Bank intern busted by Facebook - http://gawker.com/tech/your-privacy-is-an-illusion/bank-intern-busted-by-
facebook-321802.php
Woman Denied Degree Over ‘Drunken Pirate’ MySpace Photo Sues School -
http://www.mtv.com/news/articles/1558467/20070501/id_0.jhtml
How to Tweet Your Way Out of a Job - http://bhc3.wordpress.com/2009/03/17/how-to-tweet-your-way-out-of-
a-job/
Student’s speech protected -
http://www.northjersey.com/news/188318231_Student_s_speech_protected.html
NJ Gov. Vetoes Employer Facebook Password Request Ban - http://www.jdsupra.com/legalnews/nj-gov-
vetoes-employer-facebook-passwor-98933/
37% go directly to social networking sites to search candidates.34% have found something that cause them not to hire a candidate (mostly inappropriate content/photos.)29% found something that caused them to hire a candidate (backed up resume info/showed diversity/portrayed positive, professional image and good communication skills.)
Off-duty conduct laws. A number of states have laws that prohibit employers from disciplining or firing employees for activities they pursue on their own time. Although some of these laws were originally intended to protect smokers from discrimination, others protect any employee conduct that doesn't break the law -- which might include employee blogging or posting.Protections for political views. A handful of states protect employees from discrimination based on their political views or affiliation. In these states, disciplining an employee for a political post (for example, one that endorses a candidate or cause) could be illegal.Protections for "whistle-bloggers." An employee who raises concerns about safety hazards or illegal activity at work may be protected as a whistle-blower (called a "whistle-blogger" if the concerns are raised in a blog). In NJ, the law is called: Conscientious Employee Protection Act (CEPA) N.J.S.A. 34:19-1Prohibitions on retaliation. Many employment laws protect employees from retaliation for claiming that their rights have been violated. If an employee complains online about workplace discrimination, harassment, violation of the Family and Medical Leave Act, wage and hour violations, or other legal transgressions, that employee may be protected from disciplinary action.Concerted activity protections. The National Labor Relations Act and similar state laws protect employees' rights to communicate with each other about the terms and conditions of employment, and to join together -- in a union or otherwise -- to bring concerns about these issues to their employer. Under these laws, an employee who is fired for posting about low wages, poor benefits, a difficult manager, or long work hours could have a plausible legal claim.It is illegal in NJ for institutes of higher education to require students or applicants to disclose usernames and passwords.In May, Christie vetoed a bill preventing employers to do the same, but said he’d pass it if language preventing employers from even asking about employees accounts & from investigating cases of workplace misconduct or data theft are removed.
The internet is forever: screenshots, Google cache and the Internet Archive, oh my!
