Best Practices For New Hires, Employees, & Former Employees

 

Social media adds a whole new layer to the employment process, particularly from a Human Resources and Corporate standpoint. It’s no longer “just” social media – the online conversations provide a wealth of information that is easily collected and used to make many decisions, and employment issues are no different.

From the hiring process to dealing with former employees, there are many key points related to social media that companies need to consider.

 

1. Pre-employment/hiring process: it’s no secret (or surprise) that Human Resources departments are turning to social media to learn more about candidates. This information is another layer that helps them make good decisions during the hiring process. More than a Google search, social media research can dig deep to find out more about a candidate through what he/she posts online. Here are some tips to make sure this is an effective process that keeps you safe legally:

  • Develop a written policy that explains how social media content is used in the hiring process. State what can and cannot be collected to be used to make a hiring decision. Aspects like religious beliefs and marital status, for example, cannot be used in the decision making process. Make sure the policy is clear and detailed so there is little room for potential candidates being able to sue on the basis of discrimination.
  • Use a third party to conduct the search: the hiring manager ideally should not be the one conducting the social media scan; this alleviates any potential or perceived bias. Using another individual to conduct the searches will provide a layer of protection, as they only provide relevant information that can be used in the decision making process to the hiring manager. This protects the hiring manager in that if he/she doesn’t ever see the other social content, they could not have used it. For this reason, many companies chooses to outsource the social media monitoring process, as these firms use sophisticated programs and are aware of HR laws, so you will only be provided with the most relevant, legally allowed information.

 

2. Current employees: your employees are a representation of your company. This is another area where monitoring social conversations can be important – do you have employees bad mouthing the company, or sharing proprietary information? It’s relatively easy to find out, and continual monitoring programs will help with this process. Here are some tips to make this an efficient, effective process:

  • Have a solid social media policy in place: employee handbooks should reference the company’s social media policies and expectations. Similar to signing consent for release of information and the ability for phone conversations to be recorded for quality assurance, employees should be required to sign a similar document stating that they reviewed the social media policy, understand it, and will adhere to it as outlined in the employee handbook.
  • Make clear the policy on different social aspects, such as employees connecting socially online with their supervisors, for example. This is the new workplace dating, and while social connections are simply connections and do not signal a deeper relationship in most cases, this is something that needs to be considered. In a similar vein, accounts like LinkedIn need special consideration – if an employee builds contacts during employment, what specifications are in place for post employment? Are those contacts “fair game” for former employees to contact at their new job? Does it depend on the contact? Make sure it is spelled out in your policy.
  • For further protection, some companies will require employees to post a disclaimer on their personal social content. Something along the lines of: “the content posted is my personal opinion and does not represent the opinion of XYZ Corporation.” Of course, this is something that would be more relevant for larger corporations and/or senior members of the company, but something to consider.

 

3. Post- employment: while former employees are on their own and no longer represent your company, social media monitoring can be useful to ensure in this area as well. Here are some tips on using social media monitoring for former employers:

  • Continue to monitor a former employee when non-compete/non-disclosure/non-solicitation factors come into play: this is one area where social media is extremely useful. Similar to insurance companies finding content posted by those fighting for workman’s comp that negates their claim, social media monitoring can help identify breaches.
  • Monitoring adherence to social media policy: hopefully your company’s social media policy outlines what happens when an employee leaves with regard to online content, connections, etc. Ensuring that what is considered “company property” is not being used by former employees can be tough, but again social media monitoring can help with this.

 

Social media has really impacted the employer/employee relationship, and, while the above sounds daunting and too much to monitor, the good news is that there are social media companies who can handle this for you. They have the time, expertise, and software platforms available to make this a painless process. Our company has worked in the social media landscape since 2007, and it’s been riveting to see the evolution of how social content is used, particularly from an employment standpoint.

 

 

Bankruptcy Courts See Social Media Accounts as Property

Small to mid-size business owners put their heart and soul into their companies, often times using social media to promote and talk about their business. What happens when an owner sells the business, or worse, goes bankrupt? What happens to the social media accounts?

 

Very recently, a gentleman found out. He owned a gun shop and recently filed bankruptcy. He was ordered to hand over the passwords to his social media accounts to the new owners, which he refused to do and spent some time in jail while this played out in court. In the end, he was forced to hand over the information, as the court determined that social media accounts are considered company property.

 

While this is a ground breaking decision, it is especially relevant for small to mid-size business owners, as their life is their business, and sometimes personal accounts become business accounts unintentionally. What did it in this particular case was the fact that the gentleman’s Facebook account not only shared his personal views, but promote the business. From a recent article on the subject:

 

“But Bohm ruled in April that the gun store’s social media accounts were not personal but used to boost sales, citing a tweet in which Alcede told his followers he was at a gun trade show as an example of something that would attract customers because it showed him as a “connected insider in the gun-buying community.”

 

What is the lesson to be learned? If you’re a business owner, it’s wise to create separate social accounts that are strictly for business purposes – promoting the business, engaging with customers, etc. – while keeping your personal accounts free of similar content to make sure there is a clear differentiation between the two types of accounts. Now is a good time to review your social accounts to make sure they fall in line with what constitutes a business page vs a personal account, and if needed, create separate accounts for your business. This is time well spent and can save you in the long run.

 

 

An Instagram Post Was the Last Straw…

 

True story of a high school athletic coach and how she sealed her already shaky fate with the organization she worked for…

A coach was hired for a high school athletic team. While young and inexperienced, the season started off okay. However, as the season progressed, it became clear that perhaps this coach was not the best choice for the organization, as there were conversations with the owner sporadically throughout the season. While addressed with the coach in question, things would improve for a short time, but then fall back into old patterns.

More supervision was given, but as the season was coming to a close it was clear that this coach should not return next year. The coach herself sealed the deal with one wrong Instagram post.

Imagine being at a regional, year end tournament. It’s the last day, which is often referred to as elimination day – teams play until they lose, hoping to reach the semi-finals or even the championship game in their division. The athletes anticipate this day and come ready to leave it all on the court.

Sadly, the coach didn’t feel the same way.

That morning, as girls arrived at the venue, they received a mass text from the coach stating she was “sick” and would not be there that day. She also claimed that attempts to call the owner and other coaches within the organization failed – it’s amazing that the text to the athletics got through. The athletes, not wanting to forfeit, took action and got the assistance of officials to reach out to coaches of sister teams and the owner, who rushed to get to the venue in time for their first game.

The owner huddled with the girls, and all parents could see was team conversation followed by more than one get their cell phone to show something to the owner. The owner did get in touch with the coach en route and she explained how sick she was the night before and that morning. Upon sharing this with the team, at least one mentioned that they saw her post on Instagram at 2am the night prior from a bar. That right there was the icing on the cake, and her fate was sealed.

This was wrong on a few levels:

1. Those in a position of authority, namely coaches, teachers, and other similar roles, should not “friend” or connect with athletes and students on social media. It crosses lines, and should not happen.

2. The coach clearly wasn’t thinking ahead. Perhaps it was a last minute decision to not show the last day, or maybe she realized the writing was on the wall, planned not to show the last day. At any rate, if you are going to call in sick, it’s probably a good idea to keep quiet on social media, ESPECIALLY if those you coach are your social media friends.

This is a great example of how social media can help or hurt employees. Monitoring social conversations of staff can uncover some of these issues proactively; the newest technology also allows for connection scans of employees. While this process is most often used for scans revolving around jury selection and/or trial preparation, industries such as coaching and teaching have seen great benefit in using this deeper, connection scan to ensure that there are not inappropriate social connections or relationships within the organization.

I’m sure this coach learned a big lesson, and will hopefully not repeat these mistakes in her next job.

 

 

One Post Causes Chaos For The Zoo…

 

One simple post caused an uproar for Brookfield Zoo guests recently. The following picture was posted by a Brookfield Zoo employee, apparently while at work and in front of a concession stand of sorts. To further indicate she was in fact at her place of employment when this picture was posted, she tagged her location as “Brookfield Zoo.”

 

zoo

 

 

This one post caused an outrage by several zoo customers, who learned of this picture, shared it, and then posted their thoughts to the zoo’s Facebook page.

The zoo indicated that they realized this incident after it was brought to their attention. This tells me that they are not actively monitoring social media, especially with regard to employee activity. It does appear that the zoo has a social media policy in place, as stated by Sondra Katzen in a recent article:

“This employee’s statements in social media are in violation of our policies and do not reflect our institution’s values. We have zero tolerance for these kinds of divisive behaviors. We treat all employment matters confidentially, but rest assured that we have taken prompt action to remedy the situation.”

How could this have been prevented? It’s possible that it maybe could not have been – social media spreads very quickly, and one post can travel faster than the speed of light, especially when it’s controversial in nature. However, if the right social media monitoring program is used, this type of content could be easily picked up quickly. The appropriate staff would be notified and the employee could have been dealt with efficiently, whether that means termination, having the employee remove the offending content, or any other actions that are needed in this case.

Why wait for customers to bring issues to your attention? This is an excellent case for routinely using a social media monitoring program for your organization, especially as it relates to employee social media policies. While I’m sure this will not likely be an incident that will result in guests not returning to the zoo, it is one that brings negative attention to the zoo. With the speed of social media sharing, it’s vital to prevent negative press as much as possible – social media monitoring is one tool to use as a preventative measure.

 

Why Social Media Makes a Difference in Jury Selection

The jury selection process is an art in some ways. There is limited time to get a full perception of potential jurors – who will serve as the “best” juror for the trial and who may be a detriment to your case. An article I came across from the Orange County Litigation News publication talks about the nuances of jury selection and what clues to look for when selecting a jury. Some of the highlights include:

 

    • Jury consultants find that the following types of potential jurors favor the plaintiff: long term unemployed individuals, those holding service oriented jobs, union workers, those who work in government jobs, and those with no prior jury experience.

 

    • Consultants also find that the following types of potential jurors favor the defendant: the elderly/retired, doctors, engineers, those in technical positions, and those with prior jury experience.

 

    • Uncovering adverse bias is an extremely important part of selecting a jury; this can be the most difficult to uncover within a limited time frame or depending on the tone of voir dire.

 

    • As many as 30% of the potential jury pool is considered “silent” – these are the potential jurors that are most quiet, are not outspoken, and are most often overlooked during the selection process. Research indicates that up to 20% of the “silent types” have an adverse bias that is not uncovered during the selection process, which can impact the overall outcome of the trial.

 

Considering the above, it’s a lot to take in and try to uncover during what can be, at times, a very short span of time. This is where advanced social media monitoring can come into play. Of course, this is most helpful when potential juror lists are provided in advance, which does not happen all the time. However, when it does, it can give further insight into potential jurors quickly, giving you a head start on exclusions or topics for further discussion.

With just some basic information on a potential juror, social media monitoring can shed insight on:

  • Employment/family history based on social content
  • Any preconceived prejudices, perceptions etc based on social media/online activity
  • Social connections that may influence perception/juror performance
  • Knowledge of trial/issues related to the trial

 

By employing a social media program prior to juror selection, a lot of the legwork can be done in advance and in very little time, allowing for the most efficient use of time as possible in selecting jurors for an upcoming trial.