Compensation Solutions Blog
Human Resources Outsourcing (HRO – PEO – ASO – Payroll – Agency)

Social Media and Employee Background Checks

With the proliferation of social networking sites like Facebook and MySpace, employers are becoming more aware of the information available on the Internet about their employees and job applicants and are using these sites as part of a general background check.   An employer may base a hiring decision, or make a decision to terminate an employee based on information found on the internet, but employers may face liability if using information about an applicant’s protected class status as the basis for a hiring decision. For example, if an employer finds information on a site like Facebook that identifies an applicant’s pregnancy, the employer could potentially face a discrimination lawsuit if the employer bases its decision not to hire her on that information.

It is a good practice to do at least a criminal background check on all job applicants, once a job offer has been made and accepted. The offer letter should state that the offer is contingent upon the completion and satisfactory results of a background check.  Driving records should be checked for those employees who operate a vehicle as part of his/her job.  Firms that handle employee background screening services will work with employers to ensure compliance with federal and state laws.