linkedin for hr 5-7-15

Presented by Lisa Landry and James P. Harris

Lisa Landry has been in the marketing industry for more than 25 years. An early adopter of LinkedIn, she supports her clients in developing and implementing effective business-to-business social media strategies where LinkedIn plays a vital role. Lisa believes that the best customer is an educated customer and she enjoys sharing her knowledge about the wonderful world of LinkedIn with everyone who wants to be more LinkedIn-Savvy!

Phone: 603.792.0080 lisa@savvyworkshop.com  linkedin.com/in/llandry@SavvyWorkshop

Lisa Landry, Founder, Savvy Workshop

About LinkedIn

Largest B2B with over 300,000,000 Members in over 200 Countries

For HR Professionals

Leveraging the Power of Your Network

Attracting the Best Candidates

Your Company Page

What is Your Employee Value Prop?

What is Your Employee Value Prop?

Leveraging Your Network with Keyword Search

Filter by Location, Industry, Experience

Using Groups to Find Candidates

Using LinkedIn Introduction to Find Candidates

Use LinkedIn to Evaluate Qualifications

Post Your Job

Creating a Job Posting

Creating a Job Posting

Creating a Job Posting

Sample Job Posting

LinkedIn Recruiter

Search for the Perfect Candidate

LinkedIn Talent Solutions

Contrasting Plans

LinkedIn Recruiter

Search by Job Title

Using LinkedIn Algo Rhythms to Find Candidates

Using LinkedIn InMail to Contact Candidates

Use Profile Notes

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Did you know that 60% of Professionals are open to job opportunities but are

not actively looking?

Finding Passive Candidates

Targeted Approach to finding the right candidates

LinkedIn Viewer Aware Career Pages

Tell Your Story with Career Pages

Advertise Your Position

Advertise Sample

Sponsor Your Job Postings

Employee Testimonials

Showcase Jobs On Your Company Page

Leveraging Recruiter

Evaluate Candidates

Targeted Searches

Saved Searches

Connecting with Candidates via InMail

Creating Templates

Managing To Do’s

Project Management Tools

Find Who’s Looking at You

Benefits of Recruiter

The View From Recruiter

James P. Harris, Sheehan Phinney Bass + Green

A member of our firm since 2002, J.P. represents clients across a wide variety of industries in civil litigation. His work includes the representation of both plaintiffs and defendants in complex litigation matters including general commercial disputes; trade secret, noncompetition and restrictive covenant litigation; employment cases; and construction actions. In his time with the firm, J.P. has represented businesses and individuals engaged in various aspects of the construction trade, media companies defending defamation claims, product manufacturers facing warranty claims, technology developers in business-to-business disputes and noncompetition litigation, victims of professional negligence, and many other types of businesses.

J.P. provides general legal advice to companies in several fields including medical and real estate sectors.

J.P. has developed expertise in records and data management policies and the management of electronically stored information. He has drafted records management policies implemented by a variety of businesses. He has lectured and presented on all aspects of document retention and destruction policies, with particular emphasis on their application to litigation. He has also cultivated skill in the electronic discovery practices and data mining techniques that impact all litigation matters.

Phone: 603.627.8152  

jharris@sheehan.com    

linkedin.com/pub/james-jp-harris/24/b32/244

•Searching for candidates for employment•Vetting applicants for employment•Monitoring employees for compliance with company policy:

– Negative or misleading statements– Confidential information– Loss of productivity

LinkedIn Other HR Uses

•Monitoring departed employees:– Violation of restrictive covenants (non-

disclosure, non-solicitation, non-competition)

– Negative or misleading statements

LinkedIn Other HR Uses

In vetting an applicant, you search online and learn that the applicant:

–Belongs to a particular church–Has a child with severe medical issues–“Likes” a group that advocates against gay marriage–Connects with a particular political candidate or PAC

LinkedIn Tricky Situations

In vetting an applicant, you search online and learn that the applicant:

–Posts negative statements about his/her prior employer–Attended a raucous party last weekend–Celebrated their 60th birthday last month

LinkedIn Tricky Situations

In vetting an applicant, you search online and find a person with the same name was arrested for DWI last year

LinkedIn Tricky Situations

When monitoring current employees’ activities, you learn an employee:

–Posted comments that the working conditions are deplorable–Posted comments that working conditions at the company are deplorable and the CEO harasses the employees–Posted bullying remarks–Posted comments online that disclose an unannounced new venture for the company

LinkedIn Tricky Situations

When monitoring current employees’ activities, you learn an employee:

–Posted inaccurate experience, duties, and qualifications–Posted comments that a competitor’s product is tainted with lead–While out on medical leave with a back injury went on a white-water rafting trip

LinkedIn Tricky Situations

A manager gets a request to “connect” from a subordinate/direct report

An employee gets a request to “connect” from a departed employee now working for a competitor

An employee endorses someone working for a competitor

LinkedIn Tricky Situations

•National Labor Relations Act•Anti-Discrimination Laws (Title VII, ADA, RSA 354-A, etc.)•Whistleblower/Anti-Retaliation Laws•Electronic Privacy Communications Act/Stored

–Communications Act•Federal Trade Commission regulations•Trade Secrets Laws•Securities Laws•Employee Privacy Laws (RSA 275:72) (RSA 275:41-b, II)•Common Law Claims (defamation, invasion of privacy, etc.)

LinkedIn Applicable Laws

Using LinkedIn for Hiring

LinkedIn Hiring

Written Policy on the use of LinkedIn for hiring that ensures uniform treatment of all applicants:

–Goal: avoid claim that denied employment for illegitimate or discriminatory reasons–What sites will be searched for every applicant (or applicants that make it to the final cut) –Document the searches run/results

•Consider printing or saving because dynamic•Keep for period of time after close position

LinkedIn Hiring

Recommendation

Use a screener to separate information regarding protected classes from the decision maker

–If use third party, subject to Fair Credit Reporting Act

Also consider adding EEO/AA tagline to job posts

LinkedIn Hiring

Restriction

Cannot compel an applicant (or employee) to disclose login information to “personal accounts” RSA 275:72 (effective 9/30/14)

LinkedIn Hiring

LinkedIn and Current Employees

LinkedIn Regulating Use

National Labor Relations Act

• Exacting focus on policies that in any way restrict speech by employees about their working conditions

LinkedIn Regulating Use

Karl Knauz Motors, Inc. (NLRB 2012)

•Employee posted comments on Facebook that employer was cheap with food selection for marquee sales event

•Policy required employees to be courteous, polite

•Unlawful because employees would reasonably construe broad prohibition as prohibiting objections to working conditions and seeking the support of others to improve them

LinkedIn Regulating Use

Design Technology Group, LLC (NLRB 2013)

•Facebook chats that manager was immature and employees was stressed out

•Unlawful termination because complaining about working conditions/supervisors is a protected activity

LinkedIn Regulating Use

Hispanics United of Buffalo, Inc. (NLRB 2012)

•Facebook posts regarding co-worker’s criticisms of job performance

•Fired for violation of company anti-bullying policy

•Unlawful termination because employees were taking a first step toward group action to defend themselves against accusations they reasonably believed would be made to management

LinkedIn Regulating Use

Triple Play Sports Bar and Grille (NLRB 2014)

•Facebook posts by former employee regarding employer’s failure to withhold taxes properly

•Current employee “likes” the post and is terminated

•Unlawful termination – “liking” is a form of protected speech

•Employer’s internet/blogging policy was unlawful (prohibited “inappropriate discussions”)

LinkedIn Regulating Use

Written Policy:–Comply with NLRB decisions and guidance–Use NLRB-approved disclaimer (Handout)–Reserve right to monitor, no expectation of privacy–Define appropriate use of LinkedIn in a way that does not restrict protected speech (speech about working conditions, wages, etc)

LinkedIn Regulating Use

Written Policy:–Prohibit disclosure of “confidential information” (defined to NOT include terms of employment)

•RSA 275:41-b (cannot discipline for talking about wages) (eff. 7/22/14)

–Require disclaimer that employees do not speak for the company*

•Still unsettled within NLRB

LinkedIn Regulating Use

Written Policy:–Identify who does speak for the company–Train employees on proper use of LinkedIn

•Can prohibit use of social media during work hours–Have a company LinkedIn account–Set parameters on “liking” or “endorsing” consistent with NLRB restrictions

LinkedIn Regulating Use

March 18, 2015 Memo of NLRB General Counsel

• Review of unlawful and lawful handbook policies• See handout materials

• Review of Wendy’s handbook policy after settlement with NLRB

LinkedIn Regulating Use

Using LinkedIn During Investigations

LinkedIn Investigations

RSA 275:72 expressly empowers employers to use social media as part of investigations into employee misconduct

LinkedIn Investigations

LinkedIn and Departed Employees

LinkedIn Departed Employees

Written policy:–Who owns profile

•Argument that employer owns because work for hire•Be careful about independent contractors

–Reserve right to search for them post employment

LinkedIn Departed Employees

Review of handout materials:

What has been deemed unlawful

What has been deemed lawful

Disclaimer language

LinkedIn Departed Employees

Questions?

LinkedIn Q & A

Thank You!

Savvy Workshop develops multi-channel marketing campaigns and education-based marketing events that help clients reach their targets. They are experts at developing brand roadmaps, creative graphic design, crafting compelling messaging and producing impactful marketing collateral. They are experienced in social media strategy and implementation, special event production and tradeshow management. Digital services include the execution of high-impact websites, video content, e-mail marketing and online sales tools. www.savvyworkshop.com

About Savvy Workshop, LLC

Sheehan Phinney is a full-service business law firm providing a broad range of sophisticated legal services to clients in traditional and emerging areas of law. Our diverse client base includes local and regional businesses, institutions and municipalities, as well as national and international businesses.

With offices in the major business centers in New Hampshire and Massachusetts, our firm is strategically positioned to serve this thriving part of New England. Our goal is to understand and pursue our clients' ultimate business objectives - a simple concept, but one that we never take for granted. No matter how many times we have worked in a particular area, we know that each client's needs are unique. For over 75 years, understanding our clients' businesses and helping to identify and define their best approaches to a problem has earned us the trust, confidence, and loyalty of our clients, who rely on us not just as their lawyers, but as their counsel. www.sheehan.com

About Sheehan Phinney Bass + Green