Social Media and Privacy Law for Employers – Hiring, Firing and Managing Reputation
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The use of technology and social media has become ubiquitous in virtually every aspect of everyday life – including the workplace – and this has resulted in a number of challenges. As author Rosemary Bocska points out in the introduction to her latest publication, Social Media and Privacy Law for Employers – Hiring, Firing and Managing Reputation, "The boundaries between employees' professional and personal lives is blurred, and from the employer's perspective, this gives rise to significant new legal issues relating to employee productivity, privacy and the employer's ability or right to discipline employees and monitor their conduct both on- and off-duty."
In this insightful handbook, Bocska examines these issues in the context of every phase of the employer-employee relationship – from interviewing and hiring, to employment, to termination.
Social Media and Privacy Law for Employers – Hiring, Firing and Managing Reputation is a practical resource for small businesses, managers, legal advisors and human resources professionals who are looking for guidance in dealing with the most common employment law issues relating to social media and privacy law in the modern workplace. In addition to general guidelines for hiring and firing, the book discusses hot topics in the area, such as privacy and the use of technology in the employment context.
This volume offers a valuable overview of this new and complex space where both employers and employees have a social media presence – complete with a range of rights and responsibilities. Bocska reviews the most important aspects of this evolving area and includes commentary and analysis of the privacy and social media issues employers frequently face, including employee productivity, privacy and their ability to scrutinize employees' online activity. By addressing these concerns at the various stages of the employment relationship, this book helps define the boundaries between the personal and professional spheres of life.
Social Media and Privacy Law for Employers – Hiring, Firing and Managing Reputation features useful information and guidance, including:
- Templates for policies that can be implemented in the workplace
- Checklists and sample precedents to help businesses navigate complex privacy laws
- Pragmatic charts and diagrams for ease of reference
A handy reference
This up-to-date, comprehensive resource would be useful for anyone interested in workplace social media and privacy concerns, including:
- Small businesses owners who have questions such as how much privacy employees have, how readily their emails or internet use can be accessed by the employer, how much surveillance can be done on employees, etc.
- Business management who have to implement the employer-driven monitoring
- Lawyers in general practice who advise small business and who many need to draft employee monitoring and privacy policies
- Employment lawyers who provide clients with employment and labour law advice as it relates to issues surrounding privacy and social media, and who must draft relevant policies for clients
- Human Resources professionals who need a resource that addresses everyday employment issues so they don't have to engage outside counsel
- In-house lawyers who are responsible for staying up-to-date on social media and privacy law to ensure company policies are aligned with laws
Table of contents
PART I WHAT IS "SOCIAL MEDIA" ANYWAY? AND WHY SHOULD EMPLOYERS BE CONCERNED
PART II THE PRE-HIRING STAGE
Chapter 1: The application process
1. The purpose of soliciting candidate information
2. Candidate screening
3. Job applications and interview questions
4. Other concerns
Chapter 2: Background and reference checks
2. Internet searches (or "Can I ‘Google' my job candidates?")
3. Background checks
4. Verifying employment history
5. Legally-required supply of candidate information
6. Voluntary information
Chapter 3: Factors affecting the hiring decision
1. Can employers "Google" their candidates?
2. Human rights considerations
PART III CREATING THE EMPLOYMENT RELATIONSHIP
Chapter 4: Defining obligations and expectations
1. Employment contracts versus policies
2. General advice about policies
3. Use of technology
4. On-duty personal Internet, personal e-mail and social media use
5. Employer obligations arising from employee online conduct
Chapter 5: Restrictive covenants and non-competition agreements
1. What are they?
Chapter 6: Confidentiality and non-disclosure clauses
1. The nature of confidentiality clauses
2. Tips for employers
Chapter 7: "Bring Your Own Device" (BYOD) arrangements
1. BYOD arrangements, defined
2. Technical issues
3. Privacy-related issues
4. Employment-related issues
PART IV POST-HIRING
Chapter 8: Employee duty to protect employer interests
1. Employee duty to protect employer interests
Chapter 9: Employee privacy
1. Do employees have a right to privacy?
2. Privacy of employee medical information
3. Invasion of privacy and intrusion on seclusion
Chapter 10: Employee monitoring, surveillance and testing
1. Limits on surveillance and monitoring
2. Specific types of monitoring
3. The need for specific policies
PART V TERMINATION AND VOLUNTARY DEPARTURES
Chapter 11: Technology use – overuse
1. Duty to warn/progressive disciplines/"just cause" for dismissal
2. Off-duty conduct
Chapter 12: Cyber-bullying co-workers
1. Cyber-bullying co-workers
2. The need for clear employer policies
Chapter 13: Data security issues upon employee resignation
1. Physical return of employer assets
2. Use of company data
PART VI POST-TERMINATION
Chapter 14: Protecting business interests and recognition
1. Protecting business interests
2. Employee conduct after departure
3. Employer-provided letters (or e-mails) of reference
Chapter 15: Marketing and Canadian Anti-Spam Legislation (CASL)
1. Canadian Anti-Spam Legislation
2. Tips for employers
Chapter 16: Marketing, recruiting and online content issues
1. Misleading representations under the Competition Act
2. Other sources of employer liability
4. Social media contests
5. Social media-based recruiting campaigns
Appendix A Social Media Policy Relating to Intellectual Property
Appendix C Acceptable Use Policy – Employer Access Rights Language
Appendix D Bring Your Own Device (BYOD) Policy – Employer Access Rights Language
Appendix E Call Monitoring Policy
Appendix F Mutual Non-Disclosure Agreement.
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