Legal Matters: The Dangers of Social Media for Your Nonprofit

3. Social media posts can provide useful information for hiring or a basis for firing. The social media posts of prospective employees can provide a host of information about the applicants, more information than that provided on a résumé. In fact, some companies ask job applicants to provide their passwords for their social media accounts prior to making the decision to hire the applicants. Be mindful, however, that employees’ posts on social media sites can be protected speech. Refusing to hire, or firing, employees based on this speech can lead to discrimination claims against the company. Deciding whether to use social media posts as a basis to hire or fire is like walking a tightrope — it requires balancing many factors, and given the potential liability, it should be discussed with legal counsel first.