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Breanna Thompson & Jared Doty

Professor Balmforth
English 1010-031
3 December 2015

Employers Using Your Social Media Against You

We all live in a world of technology, its effecting our lives and most of all our careers.
Many people don't realize how many employers are using social media as a way not only to
screen applicants but as a tool to fire employees as well. Employers shouldn't be using social
media to fire or hire someone because this can open doors to discrimination. Companies are
putting themselves in a position that can harm all their employers, employees, and ruin their
reputation. Social media should be a way of deciding on whether a person gets a job, instead we
should be focusing on their qualifications. Employers are using your social media against you i
ways that aren't ethical.
Most employers use social media sites like Facebook, Myspace, Twitter, and LinkedIn to
screen applicants for jobs. Employers look for posted information and pictures that could be
considered inappropriate or not professional. Some companies are developing social media
policies that limit what employees can and cannot say about the company and coworkers. Some
employers are concerned that their employees may be badmouthing other employees, the
company, managers, working conditions, etc, so they are interested in what their employees are
posting on social media sites. The employees may be disciplined or fired by their employers

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about information or criticism against a co-worker or a manager of the company or the company
itself. Also, employers are concerned that employees may intentional or mistakenly leak
confidential information, trade secrets, or information that could cause the company problems in
the future. Employers may have access to your personal pictures that you post on social media
that could be used against you.
Companies are viewing job applicants and employees social media more often than we
may realize. Jacob Davidson, who is a news editor at Time Magazine, survey that he has located
states Recruiting platform JobVite has released the 2014 edition of its annual Social Recruiting
Survey, and the result might be disconcerting to those who tweet first and ask questions later.
The data shows 93% of hiring managers will review a candidates social profile before making a
hiring decision. (Davidson). These statistics show that employers are abusing social media as a
way to hire or fire a person. Mary Lorenzo, who is a senior copywriter at CareerBuilders,
specializing in marketing, recruiting and social media stated A new nationwide CareerBuilder
study found that nearly 39% of employers use social networking sites to research job candidates,
up from 37% last year. Of those, 43% said they have found information that factored into their
decision not to hire a candidate such as provocative or inappropriate photos and
discriminatory comments related to race, gender or religion or the like while 19% said they
have found information that influenced their diction to hire a candidate such as evidence of
great communication skills and a professional-looking profile (Lorenzo). Again, this is not
something employers should be acting on, this is not okay, and is invading someones personal
life. Companies are using social media more and more as a way to decide which job applicant
should be hired, as well as, if an employee should be fired. This could be unfair and potentially
harmful to the employers and employees.

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Critics argue that they are only using social media as a way to protect their company and
employees. In the article Should Companies Monitor Their Employees Social Media? Nancy
Flynn, who is the founder and executive director of the ePolicy Institute, a training and
consulting firm that helps employers limit email and internet risk. She states Management has a
right and responsibility to monitor how employees are using social media at all times. If
companies don't pay attention, they may end up facing any number of serious problems.
(Flynn). We do need to use social media with care, consideration and for the right reasons. She
also states Strict monitoring allows employers to spot potential problems early, get the
information offline as quickly as possible and discipline the employees involved. (Flynn). It is
very common for employers to use social media as a way to protect their company, but it is most
common for employers to fire employees over things that have nothing to do with work. Most
people don't get hired or get fired because of their social media.
Employers are just using excuses to cover the real reason they are viewing applicants and
employees social media. The real reason is because they are stocking their personal information,
finding unfair reason to fire or not hire a person, and they are using it as a tool to blackmail and
discriminate. Many employers are using social media to screen applicants for job, as well as, to
fire someone. Lewis Maltby who is president of the National Workrights Institute, a research
and advocacy organization specializing in employment issues. He states Refusing to hire
people because of private behavior unrelated to work is not only unfair, but hurts the employer.
In a competitive economy, companies need to hire the most qualified applicants. (Maltby). Its
unethical to put not only yourself but your company in jeopardy by using social media as a way
to hire or fire someone. Your social media is not something that should qualify you or disqualify
you from a job. Obtaining a job should be based off of your background, skills, experience, and

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knowledge for the position. This is a problem that is becoming outrageously common in the
work place and should be stopped.
Employers should be careful when viewing social media for a job applicant because this
could open the doors to discrimination. The employers may have to defend themselves in a
lawsuit, if they used the applicants race, religion, national origin, age, pregnancy status, marital
status, or disability when making their decision to hire or not to hire the job applicant. These are
all under the Federal Anti-discrimination laws. This information is easily found on most social
media profiles. Also, the Stored Communications Act (SCA) doesn't allow employers to access
electronic communications with express authorization which means that you cant ask a job
applicant for their social media password or make them accept you as a friend on Facebook.
Employees may not have the First Amendment right of freedom of speech, but they do have to
consider the National Labor Relations Act plus various state laws prohibit employers from
disciplining employees for off-duty conduct. Facebook posting wages or working conditions
that are shared with co-workers are considered forms of concerted activity and are protected
under the law unless it comes to a point of being disloyal to their employers. It may be hard to
distinguish, but it is considered to be disloyal when the comments cause a reduction in
business or drives customers away. Employers need to remember that seeking to much
information can be liability or considered unethical conduct.
Our lives are becoming more revolved around technology everyday. We need to have
rules and boundaries to protect ourselves from companies and employers that are using social
media as a way to harass, discriminate, or blackmail somone. This is not only wrong but is a
direct way of discriminating against people who may have the skills and qualifications for the
job. Employment should always be based off of the job, such as, the persons knowledge and

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skills getting a job shouldn't be based off of a persons personal life. Companies are putting
themselves at risk, they are interfering with personal lives, and they are ruining their reputations
as a company. Employers are using your social media against you i ways that aren't ethical.

Works Cited:
Bennington, Emily. "What to Do When an Employee Violates Your Social Media Policy |
Monster.com." Monster Hiring Resource Center. Monster Worldwide. Web. 1 Dec. 2015.
<http://hiring.monster.com/hr/hr-best-practices/small-business/social-media-trends/social-mediaguidelines.aspx>.
Davidson, Jacob. "Survey of Recruiters Reveals the 7 Social Media Mistakes Most Likely to
Cost You a Job." Time. Time, 16 Oct. 2014. Web. 1 Dec. 2015.
<http://time.com/money/3510967/jobvite-social-media-profiles-job-applicants/>.

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Dunn, Owen. Investigating Job Candidates with Social Media Screening: The Risks and
Rewards." OwenDunn RSS. OwenDunn.com, 16 Dec. 2014. Web. 1 Dec. 2015.
<http://www.owendunn.com/enterprise-risk-management-blog/investigating-job-candidatessocial-media-screening-risks-rewards/>.
Flynn, Nancy, and Lewis Maltby. "Should Companies Monitor Their Employees' Social Media?"
WSJ. Dow Jones & Company, 22 Oct. 2014. Web. 1 Dec. 2015.
<http://www.wsj.com/articles/should-companies-monitor-their-employees-social-media1399648685>.
Lorenz, Mary. "Two in Five Employers Use Social Media to Screen Candidates." The Hiring
Site. The Hiring Site, 1 July 2013. Web. 1 Dec. 2015.
<http://thehiringsite.careerbuilder.com/2013/07/01/two-in-five-employers-use-social-media-toscreen-candidates/>.
Mchale, Robert. "Using Facebook To Screen Potential Hires Can Get You Sued." Fast Company.
Fast Company & Incorporation, Mansueto Ventures, 20 July 2012. Web. 1 Dec. 2015.
<http://www.fastcompany.com/1843142/using-facebook-screen-potential-hires-can-get-yousued>.
Rashid, Huma. "Employers Using Social Media to Monitor Employees: Risks and Liability." The
National Law Review. National Law Forum, 30 Mar. 2010. Web. 1 Dec. 2015.
<http://www.natlawreview.com/article/employers-using-social-media-to-monitor-employeesrisks-and-liability>.