Many employers are taking a closer look at the personal online image of their employees and applicants via social media. 70% of HR professionals have “reject[ed] a job applicant because of his or her internet behavior,” according to an article by Alice Toor at Switched. This may be because statistically only 15% of people consider the consequences when posting online.

In a piece by Monster Contributing Writer, Emily Bennington, it’s noted that an employer can legally terminate an employee if the individual is wasting time on social media at work if the company has a policy against such activity. If an employer doesn’t want an employee doing certain things on their computers while they’re supposed to be working, they have the right to bar the individual from doing so and discipline accordingly.

Activity outside of work is a much different story though. While rulings vary case-by-case, there are clearly some less foggy areas where an employer can, for the most part, take action. These instances include cases of harassment of a co-worker, publishing sensitive information, or “viola[tion] of the FTC’s rules on endorsements of the company’s products.”

The lack of state laws surrounding “off duty conduct” contributes to this grey realm of online activity. According to the National Conference of State Legislatures, Washington state does not have any such laws, and the only off-duty conduct protected in the state of Oregon surrounds the use of tobacco, not social media.

Due to this lack of legal clarity, an employer should be proactive in establishing a policy for professional behavior outside of the office, including online activity. While indeed the legal realm is messy when something actually does happen, it’s in a company’s best interest to be able to point to their employee handbook and identify company policy on such matters.

Beyond all of this negative talk of misconduct and discipline, there is a positive side. With reference again to Alice Toor’s article, “86% of U.S. HR workers said that a good online reputation can have a positive impact on a job candidate’s chances.” While not recommended as best practice, many employers clearly are sourcing the Internet for information on a candidate or employee.

Whether you’re an applicant or a current employee, it’s best to check your privacy settings on your social media accounts. Google yourself and see what your current or potential employer can see. Carefully review and consider your online image.

For more information on job posting, human resource consulting or employer programs, contact Xenium HR at 503-612-1555 or visit www.xeniumhr.com. It is intended as information only and is not a substitute for legal advice. Xenium HR is a professional employer organization specializing in strategic HR partnership with small and mid-sized businesses in Portland, Oregon.