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If your absolute best candidate had a 'questionable' Facebook wall, would you hire him anyway?

So you find the best candidate for this really hard to fill role. Everyone who met with this candidate loves him. And then HR or Recruiting goes out and checks his Facebook wall. It's littered with party pics, overt political statements, and enough cursing to make you blush. What do you do? If you decide not to hire him, how do you reach that conclusion? What do you tell the candidate? If you decide to hire him, why? And do you say anything to him after he's hired? What's your stance on this?

Attachments

7
Beth Avery
Director of Sales, Contexo Media, Contexo University, Dorland Health
Posted on Feb. 6, 2012

I think with the openness of the internet and the availability of so much information, it's becoming harder and harder to separate your personal life from your professional life online.

Everyone has a life outside of work, whether it be going to a party every now and then, ranting online about politics, etc.

Perhaps a candidate IS a real good fit for your team, but let's face it, if you're hiring someone (a salesperson, for example), you better believe that the people he interacts with on a daily basis will be google searching him. And if some of those people google searching him are customers or potential customers, would you be embarrassed with those customers seeing his Facebook profile? Would you lose a potential sale because of it?

If so, then before hiring the person, ask them if they'd be willing to make their Facebook wall 'private.'

2
Iris Sasaki
Iris Sasaki Replied on Feb. 7, 2012

Beth, we are totally on the same page. If the applicant makes his/her data "private", there is no issue.

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Andrew Rudin
Managing Principal, Outside Technologies, Inc.
Posted on Feb. 8, 2012

There have been great insights in these answers, but I agree with Beth. I'm continually amazed how the human species will intentionally ignore obvious warning signs. "But he interviewed so well!" True, but that doesn't mean the right questions were asked. Now, through social media, some warnings have bubbled up, so why not pay attention to them, instead of attempting to explain them away, or to question whether the conclusions are fair?

If a person has snarky, weird, or embarrassing social media posts, that's more than a turn off. That's a hot potato that I would be reluctant to touch. We can debate all day whether it's fair to consider the public postings of one's private life, but there's a harsher reality.

According to a recent blog written by attorney Kenneth Liu, who I worked with on a social media panel, "actions taken by an organization's employees can be held against the organization. Under the legal doctrine of respondeat superior, employers can be held liable for the activities of employees. In the social media world, the line between one's personal life and professional life is becoming increasingly blurred. This ambiguity increases the risk of an organization being held liable for the online posts of its employees." (Please see http://www.lawforchange.org/NewsBot.asp?MODE=VIEW&ID=5010 )

If that doesn't give any employer pause in making a hiring decision, I don't know what will.

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Beth Avery
Beth Avery Replied on Feb. 8, 2012

Thanks, Andrew, for posting that link. I didn't even realize employers could be held legally liable, but it all makes sense with some of the new social media policies are adopting (see my post above) regarding business AND personal social media use.

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Robin Goodchild
Robin Goodchild Replied on Feb. 10, 2012

Why is it that a company can take the heat for what an employee does **outside** of working hours? Time to repeal that law!!

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Andrew Rudin
Andrew Rudin Replied on Feb. 10, 2012

Robin: I am not a lawyer, but I think this is a good law in many situations, particularly as it relates to public safety and the welfare of children.

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Robin Goodchild
Robin Goodchild Replied on Feb. 10, 2012

Hmmmm....... how??

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Belldon Colme
Belldon Colme Replied on Feb. 11, 2012

I am with Robin here, Andrew. I understand the reality of the law as interpreted by the courts. However I can see absolutely no situation, other than parents and their minor children, where holding anyone other then the offender accountable for the actions of the offender can possibly be 'good law'. Nevertheless, I have come to respect your opinions. What is your thinking on this one?

BC

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Andrew Rudin
Andrew Rudin Replied on Feb. 13, 2012

Hi Belldon: thanks for taking the time to post this question. There are many instances in which holding employers accountable for employee actions outside of the workplace makes sense. My point is less to debate the interpretation of respondeat superior, and more to recognize the risks--whether we agree with the outcome of legal cases about it.

Your question is a good one. I'm happy to take the discussion off-line, as 1) I'm not a lawyer, and 2) it's tangential to the original one.

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Belldon Colme
Belldon Colme Replied on Feb. 13, 2012

I appreciate, and agree with, your thoughts on the risks. These are relevant whether we agree with them or not. That said I really would appreciate your take on where this resonates as "good law" in your insight. What am I missing? Off-line is fine. belldoncolme@gmail.com. Thanx, Andrew! :)

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Andrew Rudin
Andrew Rudin Replied on Feb. 19, 2012

Belldon: after some further input from an attorney on legal risk, I wrote this blog, that is posted on CustomerThink. I hope it clarifies the central issue about this. http://www.customerthink.com/blog/human_talent_or_party_animal_when_an_employ....

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Belldon Colme
Belldon Colme Replied on Feb. 21, 2012

Thanx, Andy, and thank you also for the article you sent me offline. I am inclined to stick with my original answer to this question, that I would reject a candidate if their postings would adversely affect my business. Otherwise I would peruse social media looking primarily for team fit. You have definitely enlightened me to some of the specifics in the legal arena. Thank you.

BC

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Manny Cortez
Senior Manager, Social Media Strategy, DEI Worldwide
Posted on Feb. 6, 2012

Depends on what the "questionable" content was... We need to keep in mind that people have lives outside of work, and it's important to know how to balance the two dynamics. Here is how I would approach it:

1) Will these things (actually) reflect poorly on my company?
2) Will these findings cause conflict with this individual within the organization (office dynamic, culture, etc...)

The only time I would check someone's social media background is to see if they're actually savvy in the space (if the position requires such a person) and use it to add value to their candidacy for the position. It really shouldn't be used to judge their personal life choices. Aside from that, in many cases, it's illegal to even see some of a person's information when it comes to making a hiring decision. I recommend reading this article: https://www.cio.com.au/article/390374/tips_use_facebook_legally_conduct_backg...

If the person is a great fit for the position, then hire them, but mention that they should make their questionable profile private, OR not mention your company in their profiles, so that they may not be tied back to your company.

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Andrew Baker
Andrew Baker Replied on Feb. 6, 2012

Given that an organization's customers can look at the public social media profiles of a vendor's employees to determine if they want to be associated with that vendor, doesn't that put the vendor at a disadvantage? (Just asking)

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Manny Cortez
Manny Cortez Replied on Feb. 10, 2012

It definitely can Andrew, which is why it's critical to address this matter early in the hiring process. Let them know that they're a good fit but it may be a concern as to how their profile may reflect poorly on the company, and if they would be okay making their profile private. If they really want the job, I'm sure they'd do it. I'd just check to confirm that they actually do it after they've been hired.

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Cale Helmer
Site Trainer, OnPath Business Solutions
Posted on Feb. 6, 2012

Mistakes make us who we are. Granted, whether we learn from those mistakes can set the precedent for future careers, relationships, etc. As the workforce generation ages and the younger, more ‘social-media promiscuous’ claim their ranks amongst the workforce, it's going to become much more probable that pictures, videos and notes of questionable content begin rearing their ugly head on social media sites like Facebook. I'm sure we all have things online that we're not 100% proud of.

Now, back to the original question....I say it depends on what the infraction was. If it's racially motivated, hate-filled or questionable to the extent that it will alienate this person from others in your company or your Customer base, then perhaps that person isn't a fit for your business.

On a personal level, I curse a mean streak outside of work. But it's on my off-time. I blog, I tweet, I Facebook but I always ensure that what I wrote about doesn't reflect the opinions of my employer. My offtime shouldn't damage my 'ontime'.

If you've reached the conclusion that this person's moral fiber isn't a good mesh with your business, then it might simply be easier to tell the individual that after close consideration you felt that there were other candidates that were better suited for the role and leave it at that. No further explanation is required and I would strongly caution you to not say more than that to avoid potential litigation; hypothetically speaking of course.

Cheers.

2
Charlie Judy
Global Director, HR Strategy & Operations, Navigant
Posted on Feb. 10, 2012

does your answer change if you were hiring a janitor or a burger flipper or a construction worker? hmmmm.

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Robin Goodchild
Owner, Antarctic Technologies
Posted on Feb. 10, 2012

Let me flip this question around: if the persons profile was totally hidden, and you could not find trace of that person online, would you still hire them? It is one thing to say "questionable Facebook page is bad", but surely not being able to see it at all is worse, as you have NO IDEA AT ALL?

Just saying. :)

I personally don't think it matters. You'll soon find out whether they are any good for the job, and if they aren't, you fire them. They are there to work, but the employer is not there to police their private life. The point about corporations being held liable for their employees outside of work is BS. I thought we lived in freedom and democracy, not oppression and corporate slavery?

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Beth Avery
Beth Avery Replied on Feb. 11, 2012

True, but if I have no idea, that means our customers have no idea, and that is a GOOD thing if there is anything questionable.

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Robin Goodchild
Robin Goodchild Replied on Feb. 11, 2012

That is a good point.

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Toy Norwood
Toy Norwood Replied on March 12, 2012

Also, how did employers manage to make hiring decisions all those years when social media outlets didn't exist. I - for one - am no spring chicken. So I can definitely remember the days when companies took a chance on you based on your experience, merits and references.

To another commenters point, I think it does come down to "questionability." If the person is ranting on and on about pedophilia, Houston (and Dallas) we have a problem. If the person tends to curse, well - for me - that's a matter of personal taste. Facebook is intended for people to be themselves amongst their "friends." I'm not all that keen on stifling someone's personal life when I'm already taking 18 hours of their time with the job. If the idiot is posting personal, relatively damaging information that the general public deems unsavory on LinkedIn, I wouldn't consider them because only God knows what's going on their Facebook page. I'd also consider the outlet and their ability to understand theirs a right time and place for everything.

Perhaps, as you take stock of the candidate, you should consider what he/she says. For example, if on their FB page they ALWAYS brag about partying like it is 2011 Monday through Sunday, be sure to ask their references the right questions. Ask them about their dependability, reliability, agility in making great decisions and follow through. If the reference says, "well you know their great anytime after 12 p.m.," then leave them at the curb. Clearly, someone comes in EVERY morning drunk and hungover.

My point is, if you are relying on FB (which is not a bad move), consider the information and ask questions accordingly. However, don't throw someone under the bus because of how they live their personal lives. We can all find something wrong with others if they live their lives contrary to ours.

If their FB content is possibly offensive (e.g., partying often, heaving swearing), I'd have a discussion with them about making their profile private before I hire them (if they are TRULY the best candidate). In my mind, I would think EVERYONE would have sense enough to make their profiles private.

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Belldon Colme
Owner, Human Nature Management
Posted on Feb. 10, 2012

Not long ago we were debating, and I believe most of us on this thread were also represented on that one, embellishing resumes. Most were very outspoken that an applicant should never ever embellish a resume, even a little bit. Any such embellishment was judged as lying.

I mentioned then, and feel it is applicable here, that applicants mostly do what we tell them to.

We are here suggesting to applicants that they have the good sense to hide who they are. And dutifully, the supply-side headhunters, universities, employment development departments, high schools and a myriad blogs are passing this information to their job seekers. Is there really much difference between saying we are a tad bit more accomplished than we are and deliberately hiding where we are not?

The thing is, what is "objectionable" on a Facebook page is really very subjective, isn't it? There is no clear definition, short of items that clearly stamp on societal mores, and even those are socially 'flexible' depending on context. Most of us will laugh at a comedian extolling topics we find objectionable elsewhere. (And we are all different in where we draw the lines with comedians)

So who decides? Does a screener in HR decide? Does the department manager where the new recruit will be working? It has been my experience that there are great differences between the judgement of HR professionals and operations execs on issues of objectionability. That comes from their differences in training, experiences, and personality traits. To which do we defer?

In the end, I would read a candidate's available social contexts. I would be looking for team fit, mostly. I would also be looking for things my clients may find objectionable, if the recruit will hold a high profile placement.

Other than that, I would be highly suspicious if I found a candidates social presence entirely free of any 'objectionable' content. That, I would conclude, is a candidate hiding something from us.

I feel sorry for candidates. We make it nearly impossible for them.

Together, let's put the fun back into work!
Belldon Colme
belldoncolme@gmail.com

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Robin Goodchild
Robin Goodchild Replied on Feb. 10, 2012

Great post! I agree with all but the last part: I would be highly suspicious if I found a candidates social presence entirely free of any 'objectionable' content. That, I would conclude, is a candidate hiding something from us.

I would be one you thought was hiding something because I don't have objectionable content anywhere. Why not? Uhhh - because I don't. I also have nothing to hide. Should I have something to hide because I choose not to hold rowdy parties with my friends at the weekend or smoke dope?

The basic problem here is that it is a biased view of someone. It is made worse when people assume things that are not correct because "someone must have something to hide if they are clean".

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Belldon Colme
Belldon Colme Replied on Feb. 10, 2012

Hehehe Thanx, Robin.

This speaks to the perspective thing I was talking about, and just whose judgement we are relying on. You have heard I am sure the notion that if a person begins "looking for" signs of spousal infidelity, they will most certainly find it... whether it really exists or not. I believe the same principle applies here. If someone is "looking for" something objectionable, they will likely be able to find something out of context that fits their bill.

This evening I have been part of an interesting and funny thread about "nekid hot tubbin' ", for instance. Some would read the thread and see humor and camaraderie among friends, which is exactly what it is. Other's would see "nekid" and "hot tubbin' " and see depravity, stereo typing, and all sorts of sordid content. Mind you, they would never read the thread to see what was really there. "Nekid" and "hot tubbin' " would be all that was necessary.

That is why I ask the questions: Who is the one looking and passing judgments, and What purpose do those judgments serve? I am honest when I say I want real people making up my team. Real people are not all things to all people. They have unique personalities and all that goes with that. As I said, in the end I would disqualify someone with what I perceived objectionable, that which would adversely affect my company, in their profiles also. I guess I just draw a wider circle around my candidate's personality acceptability.

Thanx for challenging me. It is good for all of us to stay sharp.

BC

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Robin Goodchild
Robin Goodchild Replied on Feb. 11, 2012

You're welcome! I enjoy rigorous debate where people can debate the topic without reverting to ad hominem attack. :)

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Andrew Baker
Andrew Baker Replied on Feb. 11, 2012

At the end of the day, hiring is largely subjective. The hiring manager (and to some degree, the organization) makes determinations about what is deemed acceptable and what is not. I'm not talking about illegal things -- I'm just referring to personal preferences.

If a candidate has no social media presence, I won't hold that against them. The absence of material (questionable or otherwise) is not sufficient to come to negative conclusions, IMO. Not unless they're being hired for a social media role.

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Beth Avery
Director of Sales, Contexo Media, Contexo University, Dorland Health
Posted on March 6, 2012

I know this question has been quiet for a while, but today on the front page of MSNBC, they had a story about employers as well as colleges asking potential employees and students for access to their Facebook accounts.. Not just access to what is available publicly, but asking them to log in with their username and password.

http://redtape.msnbc.msn.com/_news/2012/03/06/10585353-govt-agencies-colleges...

That, I think, goes too far, and it looks like some states are moving to ban that practice.

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Robin Goodchild
Robin Goodchild Replied on March 6, 2012

If "they" (employers, etc.) are going this far, then I want to see THEIR accounts, contacts, people they do business with, whether they did drugs when they were at college, etc.. so I can decide if "they" are worthy of my time as an employee, etc..

This is INVASION OF PRIVACY, and is unacceptable!

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Robin Goodchild
Robin Goodchild Replied on March 6, 2012

This is a two-way street, and gets to the core of the whole employer/employee relationship. They may pay me money at the end of the month, but they are asking for my EXPERTISE and TIME in order to make money so I can get paid a small percentage of what they make each month as a result of all employees collective effort. You start demanding more information on my private life, I'm going to start demanding it of you (but not before I insist you are background checked to ensure you are not some pervert before looking at my family photos). Would you like to search my car and house whilst you are at it? What is with this paranoia anyway? What happened to good old fashioned TRUST? I turn up and work, you pay me at the end of the month. I don't work, you don't pay me. Why is that so hard? Checking my qualifications are legit and I'm qualified/licensed/etc.. as necessary to do my job is one thing, but checking my FB profile to see if I'm friends with anyone you don't like, or to see if I party hard at the weekend is too far.

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Courtney Hunt
Courtney Hunt Replied on March 6, 2012

Thanks for bringing this to our attention, Beth. Here's the comment I added to the article:

I can't believe employers continue to engage in these kinds of practices. They offer the wrong solution to understandably important problems (e.g., gang affiliated corrections officers). Even for public safety positions accessing private social networking activity is a dubious (at best) practice. I wrote about the ACLU/MD case last yearin the following post:

Digital Era Employment Practices Under Fire – Again! (http://tiny.cc/SMinOrgsACLUpost)

I've also written several pieces about the practice of social screening, starting with this one:

Social Screening: Candidates - and Employers - Beware (http://tiny.cc/SocialScreeningPaper

Even if states or the federal government don't make it illegal, it's an ill-advised tactic. And I think most employers and academic institutions will realize that it's not in their best interests, especially if they want to be an employer or school of choice.

Courtney Shelton Hunt, PhD
Founder, Social Media in Organizations (SMinOrgs) Community

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Courtney Hunt
Courtney Hunt Replied on March 6, 2012

PS - let me reiterate one critical component of why this is such a bad idea. This is not just about the employee or student's privacy - it's also about the privacy of everyone they're connected to, none of whom has given their permission to allow their activity to be accessed.

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Robin Goodchild
Robin Goodchild Replied on March 6, 2012

Absolutely!! (note to admins - can we have the ability to edit these mini-posts please?)

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Andrew Baker
Andrew Baker Replied on March 6, 2012

Thanks for the update, Beth. This is illegal and is dumb policy besides (liability). Organizations need to speak to their legal counsel before they run off and come up with these broad, invasive policies.

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Courtney Hunt
Courtney Hunt Replied on March 6, 2012

Sadly, Andrew, I think many attorneys are involved in the creation of these ill-conceived policies... They too are still learning where the lines are drawn and don't fully understand the most effective approaches to use.

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Courtney Hunt
Courtney Hunt Replied on March 7, 2012

I just published a blog post that cites the MSNBC article and provides additional resources addressing this and related issues:

Demanding Access to Individuals’ Social Networking Accounts: A Digital Era Worst Practice.
http://www.sminorgs.net/2012/03/demanding-access-to-individuals-social-networ...

Please help me educate people about this important Digital Era issue, which potentially affects all of us, by sharing the post. Thanks!

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Andrew Baker
Andrew Baker Replied on March 7, 2012

Thanks for that, Courtney

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Iris Sasaki
Owner, Iris Sasaki-HR, LLC
Posted on Feb. 6, 2012

As the others stated, it depends on the information. That said, the law does intervene here as well. Some things can not be "held against" the applicant. Some attorneys have suggested you don't go onto FB for background checking because it is a personal social network.

Once you find questionable data on FB, it is extremely unlikely it won't play into your decision making. Then the questions becomes, if the question is asked regarding why you chose not to hire the candidate (whose questionable data you saw on FB), would you fess up to it? Doing so might put you in a bad spot.

My answer is: I will not check an applicant's information on a personal social network. BTW, I don't consider Linkedin as a "personal" network site.

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Charlie Judy
Charlie Judy Replied on Feb. 6, 2012

pretty easy for employers to get themselves into hot water if even for the best of intentions. understanding the current regulations and prevailing legal rulings on this one is pretty important.

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Beth Avery
Beth Avery Replied on Feb. 7, 2012

Iris - Facebook is only a 'personal social network' if the user chooses to make their account private - in which case I would never ask to see. It would be irrelevant because the only thing I'd be worried about is what our customers/clients could see. If their account is private, there's no issue.

If their account is marked as public, and anyone browsing the internet can see their profile, then I completely disagree that Facebook is a 'personal social network.' It's not personal if you make it public. If you have a public profile and there's something on there I don't think our customers would like, even if it's not illegal, I'd likely not make the hire.

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Barbara Darlage
Barbara Darlage Replied on Feb. 8, 2012

Could you ask the person -- If you were a customer of the company and saw his FB page, what would that say to you?

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R F
Other, State of Virginia
Posted on Feb. 6, 2012

The Personal Life argument actually makes sense. Facebook is a social site, and other people posting influences the person's wall. I know a lot of well rounded people with questionable posting on their wall. However, it introduces common sense in the equation. I would go further, and look into the candidate’s LinkedIn account. If there is questionable posting there as well, that would confirm a lack of common sense since LinkedIn is supposed to be a professional evironement; especially since LinkedIn site is usually connected to the person’s employment. I do not think I would ever go in a person's Facebook page to learn more about them as a candidate. I would not cross that boundary; people deserve a personal life outside of work.

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Beth Avery
Beth Avery Replied on Feb. 8, 2012

Are you talking about a person's Facebook account that is set as private, or one that is set as publicly viewable to anyone?

I agree - I would not ask to see an potential employee's Facebook account if it was private.

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Belldon Colme
Owner, Human Nature Management
Posted on Feb. 7, 2012

There is only one circumstance in which a personal Facebook page would influence my hiring decision: would it's contents prevent the candidate from most effectively fulfilling his role in my company, including how customers would view the same if the candidate will carry a high customer profile.

Look, don't you want real people working for you? Today's job market is absolutely flooded with masks, candidates painting false pictures of who they are for the benefit of hiring managers. That is not the dynamic I want pervasive in my companies. I want real people, enabled to be transparent in the presence of my team.

Obviously, if a person will hold a high profile position discretion is a part of the job requirement, and keeping their page private might be a part of that.

Incidentally, performers win. Winners celebrate. Celebrations are the reward for winning, and make one want to win again. A candidate who knows this and celebrates is not in and of itself a bad thing.

Together, let's put the fun back into work!
Belldon Colme
belldoncolme@gmail.com

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Brenda Dooley
Shannon Consulting
Posted on Feb. 9, 2012

This would give me cause for concern about the candidate's overall judgement. Everyone knows that recruiters and companies check out candidates' internet presence, so not having a private Facebook page to me means that he is not terribly concerned about what people see of his outside life. It doesn't demonstrate to me that this candidate is serious about his candidature but most importantly he lacks good judgement. Caveat emptor....

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Wayne Spivak
President, SBA * Consulting LTD
Posted on Feb. 10, 2012

Facebook is a toy. People are people. Young people do stupid questionable things and we shake our heads. Older or more mature people do stupid and questionable things we sometimes we have a harsher judgement.

But as long as their professional performance elsewhere has been stellar does it really really matter if they like to nude sunbathe or drink to excess on the weekends with a designated driver?

It may or may not be your thing, but I bet you that your thing may not be mine or mine yours. That's what makes the world go round. But as long as I don't bring into the work space then it's not germane.

And believe me, some of the pictures and snip-its my nieces and nephews has posted I just shake my head in amazement... but that'st their parents headache :)

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Beth Avery
Beth Avery Replied on Feb. 10, 2012

I disagree. Even if their professional performance has been stellar, what if they have their Facebook settings marked as public instead of private? Do you want your clients, customers, partners to see your employee exercising poor judgement on Facebook?

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Wayne Spivak
Wayne Spivak Replied on Feb. 10, 2012

That's what makes Focus a great website; discussion without (hopefully) rancor.

I guess I will just disagree. While the concept of privacy disappeared in my lifetime, I'm more liberal.

Case in point: The mores of the US vs Europe is an embarrassment to us, the US. We made a federal case (literally) about Janet Jackson's stunt at the Super Bowl several years ago, and one is brewing about a gesture one of the singers (if you can call her that made. In Europe, they'd just ignore it.

Who's right or wrong? The answer doesn't matter because both sides are fully defensible. Will it hurt or did it hurt Jackson's or this years recipient for bad taste's career, no. You either liked them or not; or now like them or not.

So back to my premise that Facebook is a toy, people are stupid and clients, customers, partners will think what they think and you can't please everyone.

I'd still hire the best person for the job, and never even think of looking at Facebook.

Now should we talk about LinkedIn?

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Beth Avery
Beth Avery Replied on Feb. 10, 2012

Hmmm - Okay, one more counter-point! If their behavior on Facebook is public (when they could easily set their profile to private), and said behavior causes you to lose business or lose potential deals, are they still the best person for the job? If I can't sway you there, then we'll agree to disagree.

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Wayne Spivak
Wayne Spivak Replied on Feb. 10, 2012

Does anyone have any data to support this purported widespread behavior?

4
Manny Cortez
Manny Cortez Replied on Feb. 10, 2012

Late coming into this convo, but Beth, a simple solution is to ask this best candidate, in a professional manner, that the company has a certain level of professionalism to uphold, and if the person would be willing to put their profile to "private" before hiring them. If they want the job, they may. If they don't, then I guess they weren't the "best fit" afterall, and move on to the next. I'm all against censorship, but if it's truly that much of an issue, then the two need to reach a mutually agreeable solution. Just my .02 :)

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Wayne Spivak
Wayne Spivak Replied on Feb. 10, 2012

Manny - BRILLIANT SOLUTION!!!!! Kudo's

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Beth Avery
Beth Avery Replied on Feb. 11, 2012

Manny - I can get behind that solution.

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Courtney Hunt
Founder, Social Media in Organizations (SMinOrgs) Community
Posted on Feb. 11, 2012

Social screening is a dicey proposition. Many people see the upside in terms of finding digital dirt that could present problems in the future, but fewer people think of the downside risks of engaging in cyber snooping. I've written several pieces on this subject, beginning with a white paper entitled "Social Screening: Candidates - and Employers - Beware." Following the link below will take you to the original white paper and will provide links to the pieces I've written subsequently (ending with a piece entitled "Recruiting in the Digital Era: Updated Guidance for Employers, Recruiters, and Candidates"):

http://tiny.cc/SocialScreeningPaper

Before thinking about what to do with the information they find on social networks, employers need to address questions like why it's relevant, whether they will tell prospective candidates they'll be looking (and if they should get their consent), how they're going to look (and who will do it), whether they'll address their findings with candidates, etc.

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Amy Riechman
Owner, Recruited Resumes
Posted on Feb. 12, 2012

Knowing your state's hiring laws are important. I think that we will see more and more law suits involving FB in hiring and termination decisions.

Http://www.twc.state.tx.us/news/efte/job_references.html, states, "... In order to do a background or reference check under the FCRA, an employer must first notify the applicant that such a check will be done, and then must obtain the applicant's written permission to perform the check. If the applicant refuses to sign such a form, you have the option of telling the applicant that the application process is at an end, or, if you are already satisfied with what you have been able to find out, you can opt to hire the individual without a more detailed check being done.

In addition, according to EEOC laws in TX that protect minorities," ... before turning down someone for a job on the basis of a credit report or criminal history problem, the employer must be able to show that it considered the specific problem and determined that it would not be a good idea or prudent course of action to hire that specific person for a particular position" http://www.twc.state.tx.us/news/efte/job_references.html.

I don't think that is it clear if the law protects or doesn't protect a candidate's FB account. If you decide not to hire someone based on their FB profile, does that fall under the FCRA or EEOC? Is it a form of a background or reference check?

What about once an employee is hired? Employees have been fired for vulgar comments about employers. The employee in this case was protected by laws that protect employees’ right to talk about wages, working conditions and other factors http://mashable.com/2011/02/08/facebook-employment-speech-lawsuit/.

Before you choose not to hire someone based on their FB page, you should check your state's laws and current cases.

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Courtney Hunt
Courtney Hunt Replied on Feb. 12, 2012

Thanks for building on my comment, Amy.

I think we are getting some clarity about whether FB accounts/activity are protected, from several sources.

First, if an organization hires a third party to conduct a social background check, the organization is expected to follow the FCRA. Reputable social screening companies will ensure their activities comply. Where things get tricky, however, is when an employer conducts the social background check on his/her own.

The EEOC has generally said that their laws rules apply in cyberspace the same way they do in the physical world. So there is indeed a risk that if someone checks someone's FB profile and doesn't hire that person, the person could try to make a claim that he/she was discriminated against. The ACLU has also taken this issue on, in at least one high-profile case in Maryland.

With respect to current employees, the NLRB has weighed in on at least two dozen cases that address the protected speech and concerted activity rights of individuals.

I have written fairly extensively about the legal and policy issues related to social media and am happy to share links to specific pieces if people are interested in learning more.

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Zahid Janjua
Development Manager, Systems Limited
Posted on Feb. 14, 2012

I would stay away from FB when taking a decision. However, I do check LinkedIn for a candidate's profile and any feedback about him/her. And I don't consider LinkedIn to be a social website.

If, however, I happen to check on a candidate's FB wall, I will try to keep personals away from workplace decision. The only way FB wall contents would play a role in this decision making is if there is a direct conflict between the nature of work and say person's beliefs or practices or something which is a clear indication that the person is not suitable for this job.

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Amy Riechman
Owner, Recruited Resumes
Posted on Feb. 21, 2012

Here's an interesting article which highlights a study done by Northern Illinois University, the University of Evansville and Auburn University. The researchers recruited a group of four Facebook-savvy human resources professionals and students to evaluate the Facebook profiles of 56 users to predict job performance and GPA.

http://mashable.com/2012/02/21/facebook-profiles-job-performance/

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Bob Parsons
President, Small Business Websites, LLC
Posted on Feb. 6, 2012
  • Recommended by:

I would not base a negative hiring decision solely based on the negative Facebook material, but I would take it into account. A company is a social organization as well as a business one. Employees are expected to work together, often in teams, and form constructive personal relationships.

If the candidate's existing lifestyle is centered around cursing and party pictures (assuming we're talking about drinking parties, not birthday parties!), I would pass on this individual as it shows poor judgement and an adolescent lifestyle.

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Charlie Judy
Charlie Judy Replied on Feb. 6, 2012

then should businesses check the facebook profiles of all their existing employees to make sure they don't have any party pictures out there? and if they do, should they call that "poor judgment" and then discipline or terminate them?

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Beth Avery
Beth Avery Replied on Feb. 7, 2012

Charlie - There's a difference between a public Facebook profile and a private one. If your Facebook settings are private, your employer would likely have no need to look inside your account because they only care what your customers and clients and such can see. If your account is private, they see nothing.

If your profile is public? All bets are off. If you don't think employees are already currently doing this, do some more research. Many employers check out publicly available information on occasion.

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Stephanie Gibson
Stephanie Gibson Replied on Feb. 8, 2012

I think Charlie has a good point. All employees should be treated equally in the workplace. If we're talking about only new and potential employee's being 'checked' on Facebook, where is the equality? Yes employers are checking people's Facebook pages more often, but it's a relatively new trend to my knowledge. (It can only be as old as Facebook). There may be an existing employee in the workplace who's Facebook page is more 'lively' shall we say than the potential candidate, but who's profile was never checked at the time of their employment (perhaps before Facebook became so popular), but the content of which has never affected their performance at work. Who's to say the new candidate will not show the same performance? You may be dismissing a potentially fantastic employee.
What if an employee refuses to make their profile 'private'? Where does the employer stand? From this request alone the employer is admitting to having looked at the profile. Any decision made thereafter would have to be made very carefully. If they have already hired this person - do they fire them? (Wouldn't that be classed as unfair dismissal?) Even if they have not yet hired this person, they are providing an ultimatum which could result in a lose/lose result for the company. The potentially brilliant new employee walks out and you have to interview again. Or they stay and you take them and their 'questionable' profile on.

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Beth Avery
Beth Avery Replied on Feb. 8, 2012

Stephanie - It doesn't matter how fantastic the employee is; if they're doing something on the internet that could cause you to lose business or be seen as negative, that could be detrimental. If your 'fantastic employee' has a public Facebook page with drunken rants and less then pleasant conversations, and your 'fantastic employee' is high profile within your company, there's a major chance that he or she will be 'googled.' Do you want the press writing articles about how your new VP is quite the partier? Customers that may choose to work with your company are likely going to google the name of their point of contact. If their point of contact/sales rep is your 'fantastic employee', and your customer no longer chooses to do business with you, or you lose the sale because they don't feel comfortable with what they see online regarding your sales rep, then how valuable is your 'fantastic employee?'

You're right, all employees SHOULD be treated equally. And many companies now have adopted social media policies and guidelines for use, which not only include how social media should be used at work, but how anything publicly posted that could be detrimental to the company could be grounds for dismissal.

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Shaleen Shah
Outsource Consultant, Seventhman
Posted on Feb. 6, 2012
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Please take note that when Facebook launched, it is originally intended to be shared with friends, family and people who are in your inner social circle. Then, as time evolves, it is used for business. So, someone is partying or cursing a lot... doesn't really mean that person is irresponsible and s/he is granted all the freedom of expression s/he can get. I'd be raising a red flag though if I see content that crosses the legal line, like posting status updates promoting illegal substances, child pornography, human trafficking, and the likes.

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Malinda Gunarathna
university student
Posted on Feb. 6, 2012
  • Recommended by:

leader should be made, it is real leader ship

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Jesse Domingo
Leadership Adviser, Strategist
Posted on Feb. 6, 2012
  • Recommended by:

Before getting into something, always think of what you are.
So, whether that site is a dating site or whatever,
always think of what you really are...
whatever you do could affect you. Good points, Shaleen.
However, if you are a CEO then do not lose your being a CEO
for the sake of non-professional sites, protect your rep.
Certainly, we are all humans who might currently be
looking for that right one... but never forget who you are.
Words spreads fast online and you could risk misinterpretation.

Thus, for the question of having a "questionable" Facebook wall...
just be guided by international moral standards (respect, modesty),
it's one key basis if FB is one of your reference for recruitment.

Hire according to elan, learning ability, health and adaptability.

This is @TheGreatLight.

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Janet Fouts
Social Media Coach, Tatu Digital Media
Posted on Feb. 7, 2012

People are not totally responsible for their Facebook wall posts. After all other people can be silly on your wall too!
If they are clearly working against their own best interests on a regular basis maybe, but it depends on the situation.
I would look at other social profiles as well and then ask them about it in the interview.

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  • Recommended by:

Interesting comments from all.
Let us not forget that we all have "Freedom of speech and some of us may exercise it more than others (illegal activity excluded).
The first question to be asked is whether this applicant will represent the company during business hours only or around the clock.
The second question to be asked is whether there is a policy on the company’s Employee Handbook that clearly states the monitoring of all employees' public activity on the Internet. Otherwise, an adverse decision by the hiring manager toward the applicant is discriminatory that the hiring manager can hide unethically.
Years ago, an employee could go out and drink seven days a week without the employer knowing anything about it unless it affected the employee's productivity. For the life in me, some times I question as to why a company would want to spend money and time to exercise such control over their employee’s lives and what would be next.

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Andrew Baker
Andrew Baker Replied on Feb. 8, 2012

"Freedom of Speech" is a protection granted by the government related to the government. It has very little to do with private institutions.

Also, it should be noted that whatever employees keep private will be handled just as in times past. However, if we take advantage of the ability to make more things public than necessary, then we should expect that there might be repercussions. It's no different from calling out on a sick day, and then showing up on the 6pm news at a ball game. Think there'll be no repercussions?

Productivity is not the only thing people care about...

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Codrin Apostol
Codrin Apostol Replied on Feb. 8, 2012

Strong points of view. I would like to give an actual example of an employee that was hired in a company with great skills, being actually very productive. After a month he was caught having hidden relationships with 2 different employees. Not only that he troubled that good atmosphere in that sector, but one of his "girlfriends" left the company (need to be told that she was a good productive employee). To make a long story short, just 2 minutes on his Facebook profile would clarify many aspects about him as a "player".
This example underlines some opinions from above; check if his personal life style could cause problems in his professional position (colleagues or clients).

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Art van Bodegraven
President, Van Bodegraven Associates
Posted on Feb. 10, 2012
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Is someone with a "questionable" Facebook wall really the best candidate?

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Craig Brennan
Business Analyst
  • Recommended by:

I think the answers along the lines of "as long as his facebook page is private" contain inherent misperceptions of who controls privacy on facebook. Here is a hint: It is not the user. Facebook can decide at any moment what is public by default and what isn't. That should be taken into consideration by the user before they put anything on facebook, and should be taken into consideration by the prospective employer as they decide how those postings will affect their business.

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E. James (Jim) Brennan
Senior Associate, ERI Economic Research Institute
Posted on Feb. 10, 2012
  • Recommended by:

Sure, because I would have taken the public image (including the Facebook page) into account in my determination that he or she was the best candidate. BFOQs rule, in my book, and how someone comports themselves in all situations can be highly relevant. Bottom line, your question answers itself.

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