Tuesday, January 18, 2011
More and more employers are googling job applicants before they hire them-well at least according to Attorneys At Work. I think this is a reasonable assumption. So, it makes sense for everyone to google, yahoo and bing their own names to see what comes up. At least you can prepare yourself to explain something that might not be favorable.
The use of internet search engines before someone is hired raises employment law issues. If the statement is defamatory, does the applicant have a cause of action against the poster, against the employer or against both? Do the same defamation standards apply or does the use of the internet make this different? How does someone get something false removed from the internet? Does an internet service provider have the obligation to take something down when they have notice that the information is false.
Law review commentary on these important issues would be most welcome.
Hat Tip: Legal Skills Prof Blog