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Social Media: From Hiring, to Firing Rush C. Nigut

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Page 1: Social media pp

Social Media: From Hiring, to Firing

Rush C. Nigut

Page 2: Social media pp

What is Social Media?

Social Media is an interactive, constantly changing medium, unlike a regular website, which generally provides static information, social networking tools facilitate communication.

There are 4 main sources of Social Media: Facebook Blogs LinkedIn Twitter

Page 3: Social media pp

Social Networking

Profiles Photos Personal Information Other Media ( music,

articles, books, etc.) Able to be searched

and viewed by literally ANYONE

Communications Direct comments Instant messaging Email

Page 4: Social media pp

Facebook is King of the social media empire Launched in 2004, had reached 100 million users by

August of 2008 From 2008 to 2010 Facebook grew from 100 million users

to 500 million! Facebook is second only to Google in terms of internet

traffic among websites Over 700 BILLION minutes per month are spent on

Facebook by people from all across the globe

Miles, 2011

Page 5: Social media pp

Blogs

There are more than 161 million blogs on the internet More than 68,000 of those

were created in the 24 hours preceding that study

Blog topics are varied and only limited by human imagination

Bloggers can be anyone with access to the internet, even YOU!

Miles, 2011

Page 6: Social media pp

LinkedIn

The “Professional” social networking site

Focused on the user’s professional life

Launched in 2003, LinkedIn reached the 100 million member mark in 2011

It is now growing at a rate of one million new users per week, which is faster than one user every second

Miles, 2011

Page 7: Social media pp

Twitter

A “real time information network that connects you to the latest information about what you find interesting”

From 2006 to 2011 it has gained over 200 million users

Over half of all U.S. users are between the ages of 18 and 34

Ability to run real time searches

Miles, 2011

Page 8: Social media pp

Continuous Change

The face of social media has changed tremendously in the last 10 years.

A “here today, gone tomorrow” industry Myspace▪ Launched in 2004, it grew to over 67 million users by 2008 and was the

number 1 social media site on the net▪ When Facebook launched Myspace began slowly losing popularity and

dropped from the number 1 site on the net to the 75th most popular today Facebook▪ The current “King” but faces struggles ahead with new sites coming out

almost monthly Twitter▪ Still fairly “new” and developing a reputation

Google+▪ The newest of the large scale social media sites▪ Grew to 25 million members in just one month, it took Facebook 35 months

to reach that benchmark (Web Sigmas, 2011)

Miles, 2011

Page 9: Social media pp

Social Media In The Hiring Process

95% of employers are using social media to screen potential employees

Guidance on laws and regulations of social media are still developing There are few clear

rules on what is appropriate and what is not

The chart below shows reasons why applicants were denied jobs base on their social media profiles (Madrigal, 2011)

Schwartz, 2011

Page 10: Social media pp

What is Used on the Internet to Screen Candidates?

Male hiring mangers were more often found to screen candidates using the internet

Searching for information about the candidates lifestyle, inappropriate comments left, unsuitable photos/videos, etc.

The chart to the right Breaks down the different

searches that hiring managers perform

Einhorn, 2010

Page 11: Social media pp

Did You Know?

55% of employees admit to visiting social networking sites during work hours

87% said they had no clear business reason for using Facebook

74% of managers surveyed believe social networking sites put the firms and their brands at risk

Employee productivity drops 1.5% at companies that allow full access to Facebook

Kawaski, 2009

Page 12: Social media pp

Social Media In the Workplace Work Use vs. Non-Work Use

Is social media being used to market your business? Mobile Access

▪ Mobile users spend 1.4 times as many hours using social networking sites than reading and responding to email, averaging out at 3.1 hour per week on social networks

Social Media Is Not Private Even when your off the clock your employer still is involved Your personal image is always compared back to the company at which you

work▪ Set good examples

Photo’s and Video’s Photo’s can help advertise the business’s accomplishments or events Important to inform employees of the possibility their photo appears on the

website ahead of time Harassment

Employers must protect themselves by monitoring what is being said on social media sites between employees

Many employers take initiative by blocking social media sites completely

Hyman,2011

Page 13: Social media pp

Social Media In the Workplace Cont.

Harassment Employers must protect themselves by monitoring what is being

said on social media sites between employees Many employers take initiative by blocking social media sites

completely

Corporate Image Goes back on the ideals that you portray the company that you

work for Discrimination

Employers must adopt a social media policy to avoid discrimination, whether it be intentional or not

Often times possible employees are searched online through social media sites before ever even being contacted by employers▪ This often gives employers preset images of the candidate, often times

hurting opportunities to be hired

Hyman, 2011

Page 14: Social media pp

Social Media In the Workplace Cont.

Confidentiality Social media in certain instances can put your

companies trade secrets or other confidential information at risk

‘Friending’ Co-Workers Has more to do with corporate culture, than what

is legal or illegal▪ Is it acceptable to friend your boss?

Accountability Any social media policy must emphasize that

employees are accountable for their social media activities, both inside and outside of work

Page 15: Social media pp

Tips When Using Social Media to Find Candidates

Hiring: Five points to consider1. Consistency

Make all recruitment decisions based on consistent selection criteria. Create a list of allowable social media websites that human resources may utilize for lawful information about the applicant (for example,LinkedIn).2. Consent

Seek the applicant's consent to use designated lawful information obtained from the applicant's social media sites.3. Neutrality

The social media search should be conducted by a neutral third party or by someone in the company that has no influence over the hiring of the applicant. They can help the employer sieve out unnecessary or excessive information.4. 'Friend'ship

No 'Friend'ship! Employers should not be'friend' an applicant just so that it can get into an applicant's 'page'.5. Reasoning

When a decision has been made to not hire an applicant, make sure this decision is a supported,

standalone decision independent from anything researched on the applicant through the use of social media.

Tam, 2011

Page 16: Social media pp

Social Media’s Influence

My intern, Uriah Hansen, while applying for a position at a local company was later informed after his hiring that it wasn’t just his experience or personality that got his job, but what was also on his Facebook profile, or lack there of

After reviewing resumes and conducting interviews with multiple applicants his hiring manager had it narrowed down between Uriah and one other candidate, each equally qualified and experienced

Social media was the separator. When profiles were compared Uriah’s was modest and kept under key while the opposing candidate had multiple pictures of drinking and inappropriate behavior which ended up being the deciding factor in offering the job to Uriah

Page 17: Social media pp

Social Media Trainwrecks Comedian and voice of the Aflac duck,

Gilbert Godfrey was fired in March after Tweeting inappropriate comments about the Tsunami in Japan. I just split up with my girlfriend, but like the

Japanese say, “They’ll be another one floating by any minute now.”

Japan is really advanced. They don’t go to the beach. The beach comes to them.

Page 18: Social media pp

Why You Need a Social Media Policy

Prevent loss of productivity Permit effective monitoring (compliance with laws) Protect the reputation and image of your company Protect against loss of confidential information

and trade secrets Guard against suits for invasion of privacy,

defamation, improper recruiting and improper discipline and termination

Protection against discrimination, harassment and cyber-bullying

Page 19: Social media pp

What is an Effective Policy? Must be clear and specific to your organization Focus on what can and cannot be done (the

do’s and don’ts) Must be consistent to other organizational

policies Anti-discrimination Anti-harassment Computer, Internet, and Email Systems Employee Privacy Confidentiality References

Fagan, 2010

Page 20: Social media pp

An Effective Policy

Monitoring Give Notice Difference between on and off duty? No obligation to monitor, but may want

to in order to address▪ Loss of confidential info.▪ Cyber-bullying, stalking▪ Harassment and discrimination▪ Prevent defamation and improper recruiting

actsFagan, 2010

Page 21: Social media pp

An Effective Policy

Include mandatory training regarding social media

Assign a compliance officer or responsible person to create a compliance framework tailored to your company

Create a reporting procedure and protocal

Fagan, 2010

Page 22: Social media pp

Protect Your Corporate Identity

Make clear that employees may NOT: Use the organization’s name in the

online identity (username, handle, or screen name)

Claim or imply they are speaking as a organizational representative

Use the companies intellectual property, logos, trademarks, or copyrights

Identify a client or co-worker in an online post

Fagan, 2010

Page 23: Social media pp

Employee Privacy

The First Amendment does NOT protect anemployee from being monitored, disciplined orterminated for violating a clear and reasonablesocial media policy

Employees have NO absolute Constitutional right toprivacy in the workplace (4th Amendment onsearches and seizures does not apply)

But you need a clear and reasonable policy thatsets out expectations and restrictions on usage

Fagan, 2010

Page 24: Social media pp

Privacy on Company Equipment Policy should reduce any expectation of privacy

on theorganization’s computers, email systems, blackberry,telephone/voicemail systems and any of the data onthese systems by: Making sure employees know that certaininformation exchanged on social networking sitescan be monitored and accessed by theorganization Expressly stating: no expectation of privacy,

evenwith personal use and when telecommuting Reserving right to remove content without

notice Reminding employees about privacy settings

Fagan, 2010

Page 25: Social media pp

Privacy Problems

Make sure your policy adheres to the following laws: Electronic Communications Privacy Act(Wiretap – consent and businessexceptions) Stored Communications Act (improperaccess of electronically stored information) Federal Trade Commission Guidelines(false advertising and misleading salespitches) NLRA (section 7 rights of employees forconcerted activity)

Fagan, 2010

Page 26: Social media pp

Trade Secrets

Policy should prohibit employees from disclosing: Clients, customers, partners, or suppliers

byname Organization’s confidential information

andtrade secrets Information regarding organization’s

clients,affiliates, partnerships Policy should fit in with any restrictive language in employment agreements or handbook

Fagan, 2010

Page 27: Social media pp

Harassment and Discrimination Some of the biggest issues that arise out

of lack of policy are Harassment and Discrimination, your policy needs to emphasize that employees may not: Post offensive or insulting material regarding

the company, its employees, vendors, suppliers, competitors, etc.

Post information that could be construed as discriminatory or harassment based on race, age, sexuality, gender, disability, or any other protected characteristic

Page 28: Social media pp

Social Media Policy Example Here is an example of IBM’s current

social media policy1) Know and follow IBM's Business Conduct Guidelines2) IBMers are personally responsible for the content they publish on-line,

whether in a blog, social computing site or any other form of user-generated media. Be mindful that what you publish will be public for a long time—protect your privacy and take care to understand a site's terms of service.

3) Identify yourself—name and, when relevant, role at IBM—when you discuss IBM or IBM-related matters, such as IBM products or services. You must make it clear that you are speaking for yourself and not on behalf of IBM.

4) If you publish content online relevant to IBM in your personal capacity use a disclaimer such as this: "The postings on this site are my own and don't necessarily represent IBM's positions, strategies or opinions.“

5) Respect copyright, fair use and financial disclosure laws.

IBM, 2010

Page 29: Social media pp

Policy Cont.5) Don't provide IBM's or another's confidential or other proprietary

information and never discuss IBM business performance or other sensitive matters publicly

6) Don't cite or reference clients, partners or suppliers without their approval. When you do make a reference, link back to the source. Don't publish anything that might allow inferences to be drawn which could embarrass or damage a client

7) Respect your audience. Don't use ethnic slurs, personal insults, obscenity, or engage in any conduct that would not be acceptable in IBM's workplace. You should also show proper consideration for others' privacy and for topics that may be considered objectionable or inflammatory—such as politics and religion

8) Be aware of your association with IBM in online social networks. If you identify yourself as an IBMer, ensure your profile and related content is consistent with how you wish to present yourself with colleagues and clients

9) Don't pick fights, be the first to correct your own mistakes10) Try to add value. Provide worthwhile information and perspective. IBM's

brand is best represented by its people and what you publish may reflect on IBM's brand

11) Don't use use IBM logos or trademarks unless approved to do so

IBM, 2010

Page 30: Social media pp

Social Media Legality

Amira-Jabbar v. Travel Services, Inc. Inappropriate comments were posted on

a picture from a corporate event during work hours, from work equipment

The court ruled that the employer was not at fault for the incident, but as a precautionary measure Travel Services blocked Facebook and revamped their Social Media policy to reflect the situation

DiBianca, 2011

Page 31: Social media pp

Legality Cont.

Doe v. XYC Corporation Management had discovered an employee was accessing

pornographic websites on company equipment No steps were taken to ensure the employee halted his

behavior Employee was later arrested and charged with child

pornography, some of which he transmitted and submitted from his work computer

Doe’s wife sued XYC for failure to monitor her husbands activity and prevent him from exploiting her daughter

XYC company was found liable in the suit because they had no expectation of privacy in Doe’s internet usage on the company computer

Court found that XYC had a duty to act to prevent further harm to innocent third parties

DiBianca, 2011

Page 32: Social media pp

Legality Cont.

Be wary when posting recommendations or references for an employee or subordinate on sites such as LinkedIn

These references could later be used against you in a wrongful termination suit

Page 33: Social media pp

Wrap Up

Social media is around to stay! Proper precautions need to be made

to protect your companies reputation as well as financials

Don’t put your blinders on, stay on your toes regarding social media and the constant changes

The most important step in protecting your company is a SOCIAL MEDIA POLICY

Page 34: Social media pp

Questions?