ARTICLE
21 November 2016

Smartphone Blunders In The Workplace

SS
Seyfarth Shaw LLP

Contributor

With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
In a world where smart phones and apps are evolving faster than you have time to update them, it's important to take a moment to reflect on the potential for inadvertent disclosure...
United States Employment and HR
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In a world where smart phones and apps are evolving faster than you have time to update them, it's important to take a moment to reflect on the potential for inadvertent disclosure and self-sabotage in the workplace.

Here are some issues to consider:

Dating apps in the workplace

Dating apps like Tinder, Happn and Grindr have a GPS function, so if a person has logged into them at work or anywhere near work, any colleagues who also have the apps will see the profile and potentially be suggested as a 'match'. This can be not only embarrassing for employees who wish to keep their private life private, but may present discrimination risks if employers inadvertently come across personal information and it is perceived that the information influenced some action taken (or not taken) by the employer against an employee or potential employee.

To post or not to post, that is the question

It is much easier to find out when an employee who has called in sick is lying when their every move is recorded on social media. For example, each photo on Facebook can be assigned its own level of privacy and some people (consciously or unconsciously) allow their photos to have a public setting. This means that anyone can view the photos. Similarly, not everyone on Instagram has a private profile and most people assign a geotag to photos meaning that an employee may say they are in one place but a geotag on a photo will indicate another location.

Oversharing and privacy

'Liking' posts or adding friends on Facebook or LinkedIn where the settings allow a user's activity to be shared, means that people following a user will find out any new connections they make and other information based on the posts they are liking, such as their political persuasion. Employers following their employees on LinkedIn for example, will be able to tell if the employee is connecting with recruiters and liking job posts.

Spotting the fakes

Anyone can easily make fake accounts on Facebook, Instagram or Snapchat, masquerading as someone else either to collect information or troll with negative or abusive comments. It can be difficult to track down and prove who is behind these accounts without the expense of digital forensics providers.

Our Advice

  • Employers may consider cautioning employees to exercise care when using dating apps that have a GPS function. There are no guarantees of remaining undetected given the popularity of dating apps and common social areas where people congregate, including work sites. But if a person is really wanting to keep their dating life private, they can make a point not to log in anywhere in the proximity of the workplace and consider not using an identifiable profile picture.
  • Employers should be careful of what they do with personal or confidential information about employees that they inadvertently come across through social media or apps. It's a privacy and discrimination minefield out there depending on what an employer does, or is perceived to have done, with that information. If unsure, employers should seek advice before they act.
  • Employers and employees should understand the privacy settings for every app they regularly use and be vigilant about the constant updates that can change the privacy settings. For example, WhatsApp recently shared users' contacts with Facebook by default unless individual settings were changed.
  • Ensure employees are warned to be cautious about adding colleagues on social media and that they verify it is not a fake account or a troll before accepting requests.
  • Employers should be clear in workplace policies about what is and isn't appropriate conduct 'at work', keeping in mind that 'at work' no longer just means physically at work. It's about what has an impact on the workplace.

This isn't an exhaustive list and as always, we would love to hear from you, so let us know if you have any cautionary tales or advice.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
21 November 2016

Smartphone Blunders In The Workplace

United States Employment and HR

Contributor

With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
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