by Todd Pheifer

Created on: December 21, 2007   Last Updated: February 26, 2012

Social networking sites like MySpace and Facebook and video sites like YouTube are accessible to the public. All people need is an Internet connection and a web browser. Therefore, on some level, they are fair game for anyone to peruse and make judgments based on the contents. Whether this is fair or not is entirely a different issue, but an employer wants to get a broad evaluation of a person before they hire them. But, there a few issues to consider in this issue.

Legality

I'm not an expert on the law, but I do know that employers have to show just cause for not hiring or for firing an employee. In addition, it has to do with the performance of the job itself or specific violations of company policy. While employers can surf for material on their employees or potential employees, they cannot make personal judgment calls on belief systems and lifestyles.

Protected groups

For example, an employer cannot legally discriminate against someone for their race, creed, religious belief, etc. In the same way, an employer may not like the views or lifestyle choice displayed on social networking sites, but unless it goes against the job itself or the mission of the organization, they would have a hard time making an argument that it is job related.

Atmosphere

Employers have the right to monitor the behavior patterns of their employees in the workplace. They can monitor their hours, their phone calls, and where they go on the Internet while at their desk. Once an employee steps outside the door, it gets a bit more tricky. When employers are actively checking the above-mentioned sites, it creates a "big brother"-type atmosphere.

Tough place to be

Even if they have some legal protection in doing these types of searches, the resultant atmosphere may be more distracting and divisive than it is worth. If employers decide to monitor the activities of their employees, they must find a way to tactfully notify people that they have been engaging in this monitoring process. This could create an environment that is extremely awkward. Therefore, an organization has to be cognizant of the ramifications it may face when it comes to digging for employee information.

Awareness and reaction

Overall, company's are becoming more aware of the information people are posting on the Internet. While they can go looking for this information, it can be problematic when employers start looking for data that employees or potential employees did not volunteer.

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