STYLETHREAD -- LET'S TALK SHOP!

travelgirl · Kate Spade

Here's a good one-My Space-update

ILoveChoo · Hermes

RE: Here's a good one-My Space

travelgirl · Kate Spade

ILoveChoo wrote:

imo, what she does with her personal time is her business. As long as she looks and acts professional while on the job I think you should at least give her a chance.

Yeah, normally I would feel the same way. She did act and carry herself professionally but I just worry about the fact that she will be driving while covering her territory and I worry about the liability of that. Another thing is that one of my customers could pull her up on myspace just like I did and find out this info too. I mean, she put it out there-her name, picture and bio are all right there for the world to see (along with her drug and sexual habits too).

Thanks for responding to this...I just can't decide if I'm being to "goody goody" about this!

AllieGurl · Marc Jacobs

Unfortunatly, legally you cant fire her after offering her the position because she hasnt done anything on the job to warrent it.

What she does with her personal time is her business. At least now you know to look for this behavior and if you seem to catch anything while she is working then you can go to HR.

But going to HR now or firing her would mean lawsuit. It is discrimination - example being - Finding out you just hired someone with cancer because they could get sick again and not work or hiring someone who has aids and then be worried about how that image impacts the company.

I know alot about laws regarding employess - if you want to PM me I could answer some more questions for you.

IT does suck though ... Good people are HARD to find!

-- Edited by AllieGurl at 11:18, 2006-10-15

ILoveChoo · Hermes

hmmm...I'm not sure what she'll be doing, but maybe you could ask her to set her profile to private or something and explain that you just don't want clients to see it? You can't make her do it, but I think most people would be fairly understanding....

NCshopper · Hermes

Since your company has an HR department, I'd take advantage of that resource. I'd tell them about it and let them decide what to do. Or they can tell you how to handle it. They may have a policy regarding myspace and they'll certainly know the legalities involved. They can decide to keep her or let her go and they can be the ones that talk to her about setting her profile to private. I don't see this as shirking your responsibilities or anything--I see this option as giving the problem to the people most qualified for handling it.

HTH!

sydney · Kate Spade

What you found was on as PUBLIC forum. Privacy is not protected when a person voluntarily puts it in a public forum. Most likely your company has a policy against drugs. I would absolutely let them know and get rid of her. Especially in light of the fact that she would be driving a car during company time - she could end up killing someone, and the company would be liable - they would appreciate the heads up. Many states have a 3 month probation period, which means you can fire someone and give them NO reason at all. Cut your losses and get out now. You should discuss it with HR and your company's legal counsel. YOU ARE NOT STUCK WITH HER.

Hermes

I was always under the impression that employment was "at will" for both the employer and employee. The only legal issues I'm aware of are discrimination based on gender, race, or religion (am I missing more? creed? sexual preference?) You can fire anyone without explanation as long as it can't be linked to discrimination to my knowledge. For example, there's an employer in Michigan who does not allow smoking of tobacco of any of its employees and tests for it (this has been on 60 minutes and it's entirely legal.)

Anyway, if it were me, I'd give her a chance. Most people who do recreational drugs don't do them at work. Personally, I would just keep an eye on her and not share out the information - she might end up being the best employee you've ever had. If she turns out not to be, you have something in your back pocket to support firing her if any questions arise.

Also, next time, look them up BEFORE you hire

Cortney1982 · Chanel

Did she sign a document upon hiring to submit to drug tests? If so make her get one done! I would tell her you found her My Space page and drug activity is against company policy.

boobaby · Kate Spade

Man, I'm so glad there was no My Space or Facebook or Friendster when I was in my early twenties!

IMHO, just because someone likes to party on weekends, etc. does not necessarily make them a drug addict who will get high or drunk on company time.

But I will add that people need to really think about what they put out there on the internet. Its definitely a lapse in judgement on her part. I've read articles about employers looking at these websites before hiring. She's out there applying for professional jobs, she should have the sense to be more discreet.

If I was in your shoes, I would probably give her a chance...

poptart · Coach

RE: Here's a good one-My Space-update

shopgirl · Kenneth Cole

Whether or not you hire her you might want to suggest she update her myspace page.

It is extremely common for prospective employers and graduate schools to look people up on myspace and facebook, and sometimes make decisions on candidates based on what they find online.