Don't Get Caught In Social Media Web
Denver Managing Partner Todd Fredrickson was interviewed for the September 5 Law Week Colorado article "Don't Get Caught In Social Media Web." Although companies can benefit from electronic innovations like social media, there are potential legal risks where employees are involved. Todd told the publication: "More and more of our clientele are realizing they have to be savvy with social media to conduct business, and they are finding it can be a useful tool in finding out what's going on with a particular job applicant. It's one additional source. It's not much different from checking a criminal background or a reference." The challenge is ensuring you're not invading someone's privacy. Once hired, employees may use social media to distribute negative information about an employer. He noted that companies have been known to rescind offers to new hires when they make negative comments on Facebook or Twitter. But if two employees use Facebook to voice their opinions, it may cross into protected concerted activity. Terminations based on such activity have drawn increasing scrutiny from the National Labor Relations Board, which is "taking more interest in these cases."