Legal Question in Employment Law in New Jersey

What is the legality of using social networking sites for employment background checks, the ramifications for doing so and how using such a site falls into the Fair Credit Reporting Act 15 U.S.C. 1681 et. seq.

The basic situation is an employer is now conducting background check via social networking sites on the applicant as well as 10% of their friends. If I could be pointed to as much reference material as possible I would appreciate it.


Asked on 8/04/09, 2:24 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

It's a "free-for-all" environment. Social networking sites do fall under the purview of a public forum. That means that your posting is knowingly viable to the world; therefore, there is no exception of privacy.

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Answered on 8/09/09, 11:00 am


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