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An employer is said to be involved in negligent hiring if he/she has not made enough effort to perform background checks before hiring a particular employee. Social media is now being used by employers to perform background checks on a particular applicant. But this does not…
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Management Social Place An employer is said to be involved in negligent hiring if he/she has not made enough effort to perform background checks before hiring a particular employee. Social media is now being used by employers to perform background checks on a particular applicant. But this does not mean that employers should focus on social media only while making hiring decisions. Social media may provide insight regarding an employee’s practices outside the organization, but this does not mean that the employee indulges in same practices in his professional life.
The phrase expectation of privacy is a legal phrase which suggests that individuals have certain amount of expectation of privacy and this expectation should only be protected if the individual believes that he/she should have privacy and the society is even of the view that an individual should have privacy (Walsh 318). If an individual is posting certain personal details such as pictures and texts over the social media without protecting them with privacy settings, they do not want to keep those posts private and cannot use the expectation of privacy clause.
Under employment law individuals have certain rights to privacy in relation to social media. Under the 14th amendment as well as off duty statutes employees have the right to privacy and employers are restricted from infringing upon these rights. This means that employers cannot access the social media content of an individual while making hiring decisions. they can only access this information if they have obtained consent from the applicant, but this information should only be used if other background checks such as conduct of the employee in previous jobs are consistent with the content found on the applicant’s social media profiles.
Works Cited
Walsh, David J. Employment Law For Human Resource Practice. 1st ed. Mason, OH: South-Western Cengage Learning, 2013. Print. Read More
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