Cyber Manners for Employers During the Hiring Process

The exploding presence of online social media has users posting everything from photographs to personal comments, but what types of postings can serve as make-it or break-it fodder for employers scouring prospective employees? Attorney John Riccione of Chicago-based law firm Aronberg Goldgehn explains that there is a fine line employers should walk when using social media as a tool for hiring decisions.

"While the legal implications of using social media information during the hiring process have yet to be finalized, employees should follow basic etiquette when it comes to combing through cyber space," says Riccione. "Although it may seem like a handy way to learn more information about the candidate, it could backfire. For example, if an employer decides to reject a candidate after learning about federally protected statuses such as race, gender and disability, there's a possibility the company could face a discrimination lawsuit."

Riccione adds that while states such as Maryland have taken the lead by placing restrictions on employers, there are a few basic guidelines all employers should follow:

-- Do: Consider unblocked postings, photographs or comments that would affect their ability to fill the job position as fair game.

-- Do: Give the applicant a chance to explain or dispute detrimental information that is found on social media sites.

-- Do: Use the internet to fact check discrepancies the candidate may have put forth, you may find they have lied on a resume.

-- Don't: Search for a job applicant's social media posts, prior to receiving their consent.

-- Don't: Use fake identities to gain access to social media sites.

-- Don't: Unnecessarily infringe on the prospect's privacy by requesting their log-in information.

About Aronberg Goldgehn Davis and Garmisa

Founded in Chicago in 1892, Aronberg Goldgehn Davis and Garmisa is one of the oldest law firms in the city. The mid-size firm provides legal representation to businesses, families and individuals in nearly every major area of practice, including but not limited to Appellate Litigation, Health Care, Labor and Employment, Construction Law, and Divorce and Family Law. Aronberg Goldgehn Davis and Garmisa embraces an "everybody's different" philosophy, meaning that their attorneys take the time to get to know their clients personally, tailoring service to the specific needs of each individual case. Aronberg Goldgehn Davis and Garmisa is located at 330 N. Wabash Ave, Suite 1700, Chicago, IL 60611. Visit them online at www.agdglaw.com or call (312) 828-9600 for more information.