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MySpace: Recruiting tool or legal land mine?

Fred Hosier
by Fred Hosier
May 22, 2008
3 minute read
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What happens in Vegas stays in Vegas. But what about employees’ or applicants’ social networking Web pages? With the popularity of Facebook and MySpace, the intersection of workers’ private and workplace lives is a tricky place to be for many HR pros and hiring managers.

Justin Varkony maintained a MySpace page. Among the info on the page is that, “Justin [is] a super trained killer ninja fighter of the night [and] has not had a chance to use this special skill yet.”
Varkony may or may not be a ninja fighter, but there’s no doubt that he’s a police officer in Oveido, FL. Apparently, that posting about being a ninja fighter caused some concern for his police department superiors.
Because of that MySpace entry, Varkony was placed on desk duty for a month while the department investigated.
The final verdict: Varkony got his badge and gun back and is now on street duty again.
Police Chief Jeffrey Chudnow said the post sounded inappropriate to him. However, Varkony never mentions on his Web page that he’s a police officer. That, apparently, saved him his badge.
Varkony said he posted that sentence in response to an online video game opponent.
The officer’s case got some local attention. At least one local TV station gave it coverage.
That station looked into Varkony’s longtime record as an officer. He had been investigated 25 times.
The Chief says some were minor traffic accidents. Some were sustained, some not. The Chief says each investigation is handled separately, as was the MySpace situation.
Should you ‘Google’ them?
Varkony’s situation isn’t unique — at least not anymore.
And in situations where social networking Web site comments are work-related, it has cost employees their jobs.
A substitute judge in Nevada lost his post after logging negative comments about prosecutors on his MySpace site (click here and scroll down to the August 2007 item).
So what if an executive at your company posts a vacation photo of himself at a nude beach? What if that executive is only wearing a hat with your company’s logo?
And what about applicants? If you “Google” them and distressing photos or statements show up, what do you do?
It’s a tricky call. Hiring managers should know that information gleaned from the Web, such as the person’s ethnic background, religion, age or disability, can’t be used in making any adverse employment decisions. Some state laws go further, adding sexual orientation and political affiliation to the list of protected categories.
If your company plans on checking out employees’ social networking Web pages, it’s a good idea to have a policy on the consequences of what may be found and to run that policy by legal counsel.
And remember, if you find something that could jeopardize employment, check with the person in question. It’s too easy for photos to be altered or for a person to post on the Web in someone else’s name.
Does your company have a policy on this? Do you check applicants’ social networking Web pages? Let us know. Drop us a few lines in the comment box below.

Fred Hosier
Fred Hosier
Fred Hosier is editor of Safety News Alert. He has written about occupational safety and health since 1999. Fred's been in the communications business since 1985, including 11 years at WILM Newsradio in Wilmington, DE, where he was News Director.

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