Social Networking: How to Lose Your Job Without Really Trying MNA LABOR LEADER SUMMIT 2010 James A.W. Shaw, Esq. Segal Roitman, LLP March 25, 2010

What is Social Networking Virtual Internet communities that allow members to connect with the public and each other by sharing content, pictures and stories. Examples Facebook MySpace Twitter

The Numbers Percent of recruiters and HR professionals who review these types of sites when researching applicants Search engines 78% Social networking sites 63% Photo and video sharing sites 59% Professional and business networking sites 57% None of these 2% Source: Cross-Tab Marketing Research

Workplace Issues Personal Life On Public Display Venting about the Workplace Workplace TMI Employer Surveillance

Examples of Facebook Foibles

Personal Life on Public Display: Stacey Snider Teacher in PA “Drunken Pirate” picture on MySpace

Personal Life on Public Display: Caitlin Davis Cheerleader for the Patriots Picture at party writing on man

Venting About the Workplace: 13 Virgin Atlantic staff commented on Facebook page Claimed cabin had cockroaches Said jet engines were replaced 4 times a year

Venting About the Workplace: Teacher fired for posting on Facebook that she was teaching in “The most ghetto school in Charlotte” (Did actually teach at a very poor school : 95% of students qualify for lunch subsidies) Another teacher in same district suspended for posting on Facebook “I hate my students”

Venting About the Workplace: Kimberly Swann fired for posting “Bored at Work” Didn’t include company name

Mark Musarella EMT fired from Richmond University Medical Center Uploaded picture of murder victim to Facebook Workplace TMI

Lake Geneva, Wisconsin 2 nurses fired for posting photos of patient’s X-ray on Facebook Workplace TMI

Employers Surveillance: Kevin Colvin Intern at Anglo Irish Bank Told boss needed to go home for family reasons Boss found picture from party

Employer Surveillance: Flight Attendant, Ellen Simonetti, TX Fired from Delta for picture on her blog in her uniform Never mentioned employer or full name

The Legal Issues

You’ve Been Caught – The Legal Ramifications Invasion of privacy Non-Discrimination

You’ve Been Caught – The Legal Ramifications Whistleblowing Free speech vs. Censorship Public vs. Private Sector

You’ve Been Caught – The Legal Ramifications Union contract / CBA Just cause?

You’ve Been Caught – The Legal Ramifications Off-duty conduct Work connected?

You’ve Been Caught – The Legal Ramifications Effect on employer’s reputation Can the employer still trust you?

Protecting Your Profile from Prying Eyes

Profiles are Revealing Facebook Group “You dialed 911 and requested an ambulance for that!” Without even being a member of Facebook, we can find this commenter’s name, picture, friends, etc

Making Your Profile Private Edit your privacy settings by clicking “Account” in the top right corner

Making Your Profile Private

Create a list of friends (like “work contacts” or “family”) so that you may control what they collectively see on your profile

Making Your Profile Private You can change the privacy settings for the list you created (easier than blocking one person at a time)

Search Engine Access Under the “Search” category, select who you want to be able to search for you on Facebook Unclick the box below to disallow search engines to connect your name to your Facebook profile

Search Engine Access Check what the search result is for you on Facebook

Using Good Judgment Don’t friend the boss Untag yourself in photos Ask friends to take down pictures of you

Using Good Judgment Make sure there’s nothing incriminating in the background of photos Assume everything you post can and will be seen by your boss

Using Good Judgment Google yourself to see what your employer/ future employer will find Do not include your place of work in your profile Remember: old profile pictures are stored on your profile after you have changed them