Social Media Law and the Job Search - CareerEnlightenment.com

Here’s a general conglomerate of things employers or potential employers can and cannot do in regards to social media inside these states:Employers can:Review public social media content without consent of employee/potential employeeMake character judgments in the hiring process based on public postsTerminate an existing employee based on content posted publicly (In addition to disparaging comments about the company, avoid revealing any trade secrets.)Establish a social media policy that employees are required to adhere to as a condition of employment. None of the rules of this policy can violate state social media privacy laws (if any)Employers cannot:Request access to personal social media accounts beyond what’s available publiclyMake judgments based on “protected characteristics” such as race, religion, age, sexual orientation, or disability. It’s assumed that some or all of this information is available on social media profilesInsist that an employee accept a friend req uest or similar social media connectionTerminate or otherwise reprimand employees participating in “concerted activity,” or discussing labor conditions in a constructive manner with plans to discuss issues with employerIn the next few years, we should see more and more states put social media privacy laws on the books. We can only hope that they protect both the employee and the employer. As a new employee, protect yourself by getting familiar with a company’s social media policy.For a play-by-play recap of social media privacy legislation, check out the National Conference of State Legislatures’ article “Access to Social Media Usernames and Passwords.”