get savvy on linkedin | for hr professionals
Post on 14-Jul-2015
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Lisa Landry has been in the marketing industry for more than 25
years. An early adopter of LinkedIn, she supports her clients in
developing and implementing effective business-to-business
social media strategies where LinkedIn plays a vital role. Lisa
believes that the best customer is an educated customer and
she enjoys sharing her knowledge about the wonderful world of
LinkedIn with everyone who wants to be more LinkedIn-Savvy!
Phone: 603.792.0080
lisa@savvyworkshop.com
linkedin.com/in/llandry
@SavvyWorkshop
Lisa Landry, Founder, Savvy Workshop
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Did you know that 60% of Professionals
are open to job opportunities but are
not actively looking?
Finding Passive Candidates
James P. Harris, Sheehan Phinney Bass + Green
A member of our firm since 2002, J.P. represents clients across a wide variety of industries in civil
litigation. His work includes the representation of both plaintiffs and defendants in complex litigation
matters including general commercial disputes; trade secret, noncompetition and restrictive covenant
litigation; employment cases; and construction actions. In his time with the firm, J.P. has represented
businesses and individuals engaged in various aspects of the construction trade, media companies
defending defamation claims, product manufacturers facing warranty claims, technology developers in
business-to-business disputes and noncompetition litigation, victims of professional negligence, and
many other types of businesses.
J.P. provides general legal advice to companies in several fields including medical and real estate
sectors.
J.P. has developed expertise in records and data management policies and the management of
electronically stored information. He has drafted records management policies implemented by a
variety of businesses. He has lectured and presented on all aspects of document retention and
destruction policies, with particular emphasis on their application to litigation. He has also cultivated
skill in the electronic discovery practices and data mining techniques that impact all litigation matters.
Phone: 603.627.8152
jharris@sheehan.com
linkedin.com/pub/james-jp-harris/24/b32/244
•Searching for candidates for employment
•Vetting applicants for employment
•Monitoring employees for compliance with
company policy:
–Negative or misleading statements
–Confidential information
–Loss of productivity
LinkedIn Other HR Uses
•Monitoring departed employees:
–Violation of restrictive covenants (non-
disclosure, non-solicitation, non-
competition)
–Negative or misleading statements
LinkedIn Other HR Uses
In vetting an applicant, you search online and learn
that the applicant:–Belongs to a particular church
–Has a child with severe medical issues
–“Likes” a group that advocates against gay
marriage
–Connects with a particular political candidate or
PAC
LinkedIn Tricky Situations
In vetting an applicant, you search online and learn
that the applicant:–Posts negative statements about his/her prior
employer
–Attended a raucous party last weekend
–Celebrated their 60th birthday last month
LinkedIn Tricky Situations
In vetting an applicant, you search online and find
a person with the same name was arrested for
DWI last year
LinkedIn Tricky Situations
When monitoring current employees’ activities, you
learn an employee:–Posted comments that the working conditions are
deplorable
–Posted comments that working conditions at the
company are deplorable and the CEO harasses the
employees
–Posted bullying remarks
–Posted comments online that disclose an
unannounced new venture for the company
LinkedIn Tricky Situations
When monitoring current employees’ activities, you
learn an employee:–Posted inaccurate experience, duties, and
qualifications
–Posted comments that a competitor’s product is
tainted with lead
–While out on medical leave with a back injury went
on a white-water rafting trip
LinkedIn Tricky Situations
A manager gets a request to “connect” from a
subordinate/direct report
An employee gets a request to “connect” from a
departed employee now working for a competitor
An employee endorses someone working for a
competitor
LinkedIn Tricky Situations
•National Labor Relations Act
•Anti-Discrimination Laws (Title VII, ADA, RSA 354-A, etc.)
•Whistleblower/Anti-Retaliation Laws
•Electronic Privacy Communications Act/Stored
–Communications Act
•Federal Trade Commission regulations
•Trade Secrets Laws
•Securities Laws
•Employee Privacy Laws (RSA 275:72) (RSA 275:41-b, II)
•Common Law Claims (defamation, invasion of privacy, etc.)
LinkedIn Applicable Laws
Written Policy on the use of LinkedIn for hiring that
ensures uniform treatment of all applicants:–Goal: avoid claim that denied employment for
illegitimate or discriminatory reasons
–What sites will be searched for every applicant (or
applicants that make it to the final cut)
–Document the searches run/results•Consider printing or saving because dynamic
•Keep for period of time after close position
LinkedIn Hiring
Recommendation
Use a screener to separate information regarding
protected classes from the decision maker
–If use third party, subject to Fair Credit Reporting
Act
Also consider adding EEO/AA tagline to job posts
LinkedIn Hiring
Restriction
Cannot compel an applicant (or employee) to
disclose login information to “personal accounts”
RSA 275:72 (effective 9/30/14)
LinkedIn Hiring
National Labor Relations Act
• Exacting focus on policies that in any way
restrict speech by employees about their
working conditions
LinkedIn Regulating Use
Karl Knauz Motors, Inc. (NLRB 2012)
•Employee posted comments on Facebook that employer
was cheap with food selection for marquee sales event
•Policy required employees to be courteous, polite
•Unlawful because employees would reasonably construe
broad prohibition as prohibiting objections to working
conditions and seeking the support of others to improve
them
LinkedIn Regulating Use
Design Technology Group, LLC (NLRB 2013)
•Facebook chats that manager was immature and
employees was stressed out
•Unlawful termination because complaining about working
conditions/supervisors is a protected activity
LinkedIn Regulating Use
Hispanics United of Buffalo, Inc. (NLRB 2012)
•Facebook posts regarding co-worker’s criticisms of job
performance
•Fired for violation of company anti-bullying policy
•Unlawful termination because employees were taking a
first step toward group action to defend themselves against
accusations they reasonably believed would be made to
management
LinkedIn Regulating Use
Triple Play Sports Bar and Grille (NLRB 2014)
•Facebook posts by former employee regarding employer’s
failure to withhold taxes properly
•Current employee “likes” the post and is terminated
•Unlawful termination – “liking” is a form of protected
speech
•Employer’s internet/blogging policy was unlawful
(prohibited “inappropriate discussions”)
LinkedIn Regulating Use
Written Policy:–Comply with NLRB decisions and guidance
–Use NLRB-approved disclaimer (Handout)
–Reserve right to monitor, no expectation of privacy
–Define appropriate use of LinkedIn in a way that
does not restrict protected speech (speech about
working conditions, wages, etc)
LinkedIn Regulating Use
Written Policy:–Prohibit disclosure of “confidential information”
(defined to NOT include terms of employment)•RSA 275:41-b (cannot discipline for talking about
wages) (eff. 7/22/14)
–Require disclaimer that employees do not speak
for the company*•Still unsettled within NLRB
LinkedIn Regulating Use
Written Policy:–Identify who does speak for the company
–Train employees on proper use of LinkedIn•Can prohibit use of social media during work hours
–Have a company LinkedIn account
–Set parameters on “liking” or “endorsing”
consistent with NLRB restrictions
LinkedIn Regulating Use
March 18, 2015 Memo of NLRB General Counsel
• Review of unlawful and lawful handbook
policies
• See handout materials
• Review of Wendy’s handbook policy after
settlement with NLRB
LinkedIn Regulating Use
RSA 275:72 expressly empowers employers to
use social media as part of investigations into
employee misconduct
LinkedIn Investigations
Written policy:
–Who owns profile
•Argument that employer owns because work for hire
•Be careful about independent contractors
–Reserve right to search for them post employment
LinkedIn Departed Employees
Review of handout materials:
What has been deemed unlawful
What has been deemed lawful
Disclaimer language
LinkedIn Departed Employees
Savvy Workshop develops multi-channel marketing campaigns
and education-based marketing events that help clients reach
their targets. They are experts at developing brand roadmaps,
creative graphic design, crafting compelling messaging and
producing impactful marketing collateral. They are experienced
in social media strategy and implementation, special event
production and tradeshow management. Digital services include
the execution of high-impact websites, video content, e-mail
marketing and online sales tools. www.savvyworkshop.com
About Savvy Workshop, LLC
Sheehan Phinney is a full-service business law firm providing a broad range of
sophisticated legal services to clients in traditional and emerging areas of law. Our
diverse client base includes local and regional businesses, institutions and
municipalities, as well as national and international businesses.
With offices in the major business centers in New Hampshire and Massachusetts,
our firm is strategically positioned to serve this thriving part of New England. Our
goal is to understand and pursue our clients' ultimate business objectives - a simple
concept, but one that we never take for granted. No matter how many times we
have worked in a particular area, we know that each client's needs are unique. For
over 75 years, understanding our clients' businesses and helping to identify and
define their best approaches to a problem has earned us the trust, confidence, and
loyalty of our clients, who rely on us not just as their lawyers, but as their counsel.
www.sheehan.com
About Sheehan Phinney Bass + Green
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