Be Careful What You Click For | NorthBay biz
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Be Careful What You Click For

I admit it: I’m a Facebook junkie. It’s a progressive condition that, like most others, started innocuously enough. At first, I used social networks only to “do good,” anonymously digging up dirt on employees who had sued my clients.1 You know: print out pictures voluntarily posted by former employees who, while claiming massive emotional distress as a result of their terminations, were jet-setting around the world and merrily imbibing to excess in an overtly social manner—quite contrary to their claims of depression and social withdrawal.2

However, the affliction is getting worse, and my time on social networks is no longer limited to defending truth, justice and the American business. In the immortal words of Axl Rose, “I used ta do a little/but a little wouldn’t do it/so the little got more and more.”3 Now, the Facebook account gets checked almost every day, letting me check in voyeuristically4 on the handful of people willing to publicly admit our friendship. I’ve even gone so far as to spend a good portion of time engaging in the online activities Facebook offers. Most recently, this symptom manifested itself in no less than a two-hour “time suck” in the middle of a work day. Thank God I’m self-employed.6

Which brings me to the actual point of this column: the implications of social networks for employers. Because, all dirt digging aside, anything as popular, ubiquitous and viral as social networking sites cannot possibly hold consequence-free benefits for employers. (This is California, after all.)

The most obvious problem for employers is simple: productivity. Employees do what I do everyday—check their accounts, check up on their friends and engage in online applications.7 And, with some sites, it’s no longer enough to block them with your high-tech firewall because they’ve gone mobile. Move over old-fashioned texting, there’s something meatier out there. That’s right: Your employees get alerts sent right to their cell phones and can use that iPhone you paid for to fulfill their social (or socially anti-social) tendencies.

Productivity aside (I mean, who really expects productivity anymore—it’s so puritanically baby boomer), social networks can have legal and practical ramifications for employers. For instance, a number of employers use sites like Facebook or MySpace to do “research” on applicants—to see, for instance, if the applicant claims the same educational history, or posts information that might call into question the employee’s suitability for a position (like their judgment!). But doing such research can give an employer information that it’s prohibited from relying upon during the hiring process—such as age, race or religious affiliation. While the practical risk of a denied applicant finding out his or her profile had been viewed is minimal, having such information raises the risk of it being unlawfully relied upon in making hiring decisions. And, as the practice of “Googling” applicants leads more and more to their profiles on social networking sites, plaintiffs’ attorneys are starting to ask about it in depositions.

Social networks can also heighten security and raiding concerns for some employers. Some such sites have features that let you search for individuals based on their employer. For employers with heightened security concerns (such as financial institutions) or employers who tend to be ripe for raiding after doing such a good job of training the employees, these search features let evil-doers8 quickly identify those of your employees who have profiles. It also raises concerns regarding corporate image, as (as we all know) not all employees use their best judgment in the conduct of their public affairs. Take for instance the employee who, while publicizing her affiliation with her employer, spent a good portion of her profile discussing her desire to borrow equipment for um…well…let’s say…mildly deviant behavior.9

If you know your employees are on these sites, it may be a good idea to communicate your expectations regarding content and online behavior. Communication of those expectations, coupled with judicious, thoughtful use, can make social networks a useful tool for a company while minimizing the pain and distraction that could otherwise result from their use. And, next time you’re on Facebook, send me a message.

1 You have to admit, it takes either talent or chutzpah to euphemistically sell anonymous dirt dig-uppery as “doing good.”

2 It’s relatively amazing what people are willing to post on the Internet without regard to their public statements made under penalty of perjury.

3 “Mr. Brownstone” Guns N’ Roses, Appetite for Destruction, Geffen Records 1987.

4 E-voyeurism. We’ve come a long way, Dr. Freud.

5 Which brings me to the totally tangential point of “Facebook etiquette.” If you wouldn’t give me the time of day in high school, or if you beat me up on the playground in junior high, please don’t send me a friend request. You didn’t like me then and I still don’t like you now.

6 That’s not exactly true, but rather than bore you with details of my firm’s corporate structure and operational organization, suffice to say I’m not gonna get fired over it. Can you say the same?

7 You gotta check out Mob Wars and Bowling Buddies on Facebook—totally great way to spend your time while the conference call line is muted!

8 I just couldn’t resist.

9 I’m sorry, but I just can’t figure out how to otherwise categorize the activities related to the equipment she wanted to “borrow” (which raises additional questions). Suffice to say her employer was not amused.

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