Managers and the Legal Environment 7th Edition by David Madsen, Constance Bagley

Exercise 9

Social networking sites such as MySpace, Facebook, and Twitter have become increasingly popular. Most people are members of at least one social networking site. By reading an individual's page, one can see his or her pictures, the people he or she is communicating with, what is written on the page, and even what the individual writes on others' pages. Many people, however, have restricted access to their personal information by adjusting their privacy settings to better protect their privacy. The only way to see such a person's entire page is to become his or her "friend." You are a manager of an investment banking firm. Members of the managerial staff have an interest in discovering background information about potential employees and also have concerns about how employees are using their time while at work. You would like to find out more about your employees, so you, as a manager, are considering sending a "friend" or "follow" request to a subordinate employee for the sole purpose of getting access to that person's "private" page. Is this ethical? Should it be legal? Would it be ethical (or legal) to ask applicants to open their pages during a job interview? If a manager finds information on a social networking site that may warrant disciplinary action, such as abusive comments about fellow employees or threats against the safety of the workplace, should the manager act on it in his or her managerial capacity? Is it ethical (or legal) for an employee to use a smart phone to secretly record an end-of-year performance evaluation?[Based on Marie-Andrée Weiss, The Use of Social Media Sites Data by Business Organizations in Their Relationship with Employees , 15(2) J. Internet L. 16 (2011).]