CASE 7.21 – FACEBOOK, YOUTUBE, INSTAGRAM, LINKEDIN AND EMPLOYER
TRACKING
Use PowerPoint Slide 289.
Legal Issues
The Internet is not private. And what is on the Internet stays on the Internet. Anyone can pull up what
has been posted in a public space on the Internet. Further, an employer does not violate any laws by
checking on the Internet on a job applicant, so long as the employer checks in a similar manner ALL job
candidates.
This case finds generational differences among students. Undergraduate younger students have different
views about the Internet. In a recent article a young woman who had appeared on her “MySpace” site
drunk and not particularly clothed was appalled when her parents viewed her video and reprimanded her.
She did not change her conduct; she simply locked out certain people (including her parents) from
viewing her cite. For students who are taking this as a graduate course, you will find they are seeking
advice on what they can look at as part of the hiring process because they find what is on Facebook,
MySpace, and YouTube very revealing about the character and nature of those who apply for positions
with their companies.
Answers and Key Discussion Items
1. No, there is no right to privacy for information that is posted voluntarily on the Internet. The Internet is
2. Google searches are often confusing because there can be names that are confused with one
another. Just the problems with credit reports and the consumer rights to correction indicate that the
Google search may not be accurate. However, the Facebook, MySpace, and YouTube sites are
3. Use PowerPoint Slide 289 to frame discussion. Professor Abelson’s views are not clear on which
school of thought except that if an individual takes actions that reveal his or her personality, activities,
or private information, they should be held accountable for that disclosure – he holds firm to setting
up the rules in advance (it is not private information) and requiring that those who participate in these
CASE 7.22 – TWEETING, BLOGGING, CHATTING, AND E-MAILING: EMPLOYER
CONTROL
Answers and Key Discussion Items
1. Employers have the right to control anything that is done on work time using the employer’s server
and/or computer. Employers are now putting policies into practice that allow review of blogs. Some
employers encourage employee blogs but put parameters around what employees may or may not