How social media affects employer rights

| May 11, 2020 | Firm News |

Nowadays, everyone has a social media presence. Employers are aware of this and will often do their own research into potential employees. Before an employee applies for a new job, he or she should audit the accounts. It is your right as an employer to check these platforms and that it could enter the hiring decision.

While many employers want to get to know their employees on a personal level, damaging posts may also deter them. According to Business News Daily, workers do not want to erase your whole profile.  What rights do employees have, when it comes to social media?

What employers cannot do

When it comes to employers and employees and social media, you may not know what the employer’s rights are. You still have a right to privacy, according to the Colorado statutes. An employer cannot discipline or discharge a person if he or she does not disclose the social media accounts or add your boss.

Employers cannot request or require you to disclose passwords or usernames to access private accounts. While networking can be helpful when it comes to social media and the workplace, an employer cannot force an employee to add anyone to social media. If potential employees do not want to add you or your agent to your contacts on social media, then you do not have to.

What employers can do

An employer can check on any profile that is public. Additionally, employers can investigate electronic communications based on evidence that the employee downloaded propriety information, financial information and more. As long as the employer does not suggest a policy that conflicts with state rules, employers can enforce existing personnel policies.