Get Savvy On LinkedIn | For HR Professionals

Presented by Lisa Landry and James P. Harris

Lisa Landry has been in the marketing industry for more than 25

years. An early adopter of LinkedIn, she supports her clients in

developing and implementing effective business-to-business

social media strategies where LinkedIn plays a vital role. Lisa

believes that the best customer is an educated customer and

she enjoys sharing her knowledge about the wonderful world of

LinkedIn with everyone who wants to be more LinkedIn-Savvy!

Phone: 603.792.0080

[email protected]

linkedin.com/in/llandry

@SavvyWorkshop

Lisa Landry, Founder, Savvy Workshop

About LinkedIn

Largest B2B with over 300,000,000

Members in over 200 Countries

For HR Professionals

Leveraging the Power of Your Network

Attracting the Best Candidates

Your Company Page

What is Your Employee Value Prop?

Leveraging Your Network with Keyword Search

Filter by Location, Industry, Experience

Using Groups to Find Candidates

Using LinkedIn Introduction to Find Candidates

Use LinkedIn to Evaluate Qualifications

Post Your Job

Creating a Job Posting

Sample Job Posting

LinkedIn Recruiter

Search for the Perfect Candidate

LinkedIn Talent Solutions

Contrasting Plans

LinkedIn Recruiter

Search by Job Title

Using LinkedIn Algo Rhythms to Find Candidates

Using LinkedIn InMail to Contact Candidates

Use Profile Notes

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Did you know that 60% of Professionals

are open to job opportunities but are

not actively looking?

Finding Passive Candidates

Targeted Approach to finding the right candidates

LinkedIn Viewer Aware Career Pages

Tell Your Story with Career Pages

Advertise Your Position

Advertise Sample

Sponsor Your Job Postings

Employee Testimonials

Showcase Jobs On Your Company Page

Leveraging Recruiter

Evaluate Candidates

Targeted Searches

Saved Searches

Connecting with Candidates via InMail

Creating Templates

Managing To Do’s

Project Management Tools

Find Who’s Looking at You

Benefits of Recruiter

The View From Recruiter

James P. Harris, Sheehan Phinney Bass + Green

A member of our firm since 2002, J.P. represents clients across a wide variety of industries in civil

litigation. His work includes the representation of both plaintiffs and defendants in complex litigation

matters including general commercial disputes; trade secret, noncompetition and restrictive covenant

litigation; employment cases; and construction actions. In his time with the firm, J.P. has represented

businesses and individuals engaged in various aspects of the construction trade, media companies

defending defamation claims, product manufacturers facing warranty claims, technology developers in

business-to-business disputes and noncompetition litigation, victims of professional negligence, and

many other types of businesses.

J.P. provides general legal advice to companies in several fields including medical and real estate

sectors.

J.P. has developed expertise in records and data management policies and the management of

electronically stored information. He has drafted records management policies implemented by a

variety of businesses. He has lectured and presented on all aspects of document retention and

destruction policies, with particular emphasis on their application to litigation. He has also cultivated

skill in the electronic discovery practices and data mining techniques that impact all litigation matters.

Phone: 603.627.8152

[email protected]

linkedin.com/pub/james-jp-harris/24/b32/244

•Searching for candidates for employment

•Vetting applicants for employment

•Monitoring employees for compliance with

company policy:

–Negative or misleading statements

–Confidential information

–Loss of productivity

LinkedIn Other HR Uses

•Monitoring departed employees:

–Violation of restrictive covenants (non-

disclosure, non-solicitation, non-

competition)

–Negative or misleading statements

LinkedIn Other HR Uses

In vetting an applicant, you search online and learn

that the applicant:–Belongs to a particular church

–Has a child with severe medical issues

–“Likes” a group that advocates against gay

marriage

–Connects with a particular political candidate or

PAC

LinkedIn Tricky Situations

In vetting an applicant, you search online and learn

that the applicant:–Posts negative statements about his/her prior

employer

–Attended a raucous party last weekend

–Celebrated their 60th birthday last month


In vetting an applicant, you search online and find

a person with the same name was arrested for

DWI last year


When monitoring current employees’ activities, you

learn an employee:–Posted comments that the working conditions are

deplorable

–Posted comments that working conditions at the

company are deplorable and the CEO harasses the

employees

–Posted bullying remarks

–Posted comments online that disclose an

unannounced new venture for the company


When monitoring current employees’ activities, you

learn an employee:–Posted inaccurate experience, duties, and

qualifications

–Posted comments that a competitor’s product is

tainted with lead

–While out on medical leave with a back injury went

on a white-water rafting trip


A manager gets a request to “connect” from a

subordinate/direct report

An employee gets a request to “connect” from a

departed employee now working for a competitor

An employee endorses someone working for a

competitor


•National Labor Relations Act

•Anti-Discrimination Laws (Title VII, ADA, RSA 354-A, etc.)

•Whistleblower/Anti-Retaliation Laws

•Electronic Privacy Communications Act/Stored

–Communications Act

•Federal Trade Commission regulations

•Trade Secrets Laws

•Securities Laws

•Employee Privacy Laws (RSA 275:72) (RSA 275:41-b, II)

•Common Law Claims (defamation, invasion of privacy, etc.)

LinkedIn Applicable Laws

Using LinkedIn for Hiring

LinkedIn Hiring

Written Policy on the use of LinkedIn for hiring that

ensures uniform treatment of all applicants:–Goal: avoid claim that denied employment for

illegitimate or discriminatory reasons

–What sites will be searched for every applicant (or

applicants that make it to the final cut)

–Document the searches run/results•Consider printing or saving because dynamic

•Keep for period of time after close position

LinkedIn Hiring

Recommendation

Use a screener to separate information regarding

protected classes from the decision maker

–If use third party, subject to Fair Credit Reporting

Act

Also consider adding EEO/AA tagline to job posts

LinkedIn Hiring

Restriction

Cannot compel an applicant (or employee) to

disclose login information to “personal accounts”

RSA 275:72 (effective 9/30/14)

LinkedIn Hiring

LinkedIn and Current Employees

LinkedIn Regulating Use

National Labor Relations Act

• Exacting focus on policies that in any way

restrict speech by employees about their

working conditions


Karl Knauz Motors, Inc. (NLRB 2012)

•Employee posted comments on Facebook that employer

was cheap with food selection for marquee sales event

•Policy required employees to be courteous, polite

•Unlawful because employees would reasonably construe

broad prohibition as prohibiting objections to working

conditions and seeking the support of others to improve

them


Design Technology Group, LLC (NLRB 2013)

•Facebook chats that manager was immature and

employees was stressed out

•Unlawful termination because complaining about working

conditions/supervisors is a protected activity


Hispanics United of Buffalo, Inc. (NLRB 2012)

•Facebook posts regarding co-worker’s criticisms of job

performance

•Fired for violation of company anti-bullying policy

•Unlawful termination because employees were taking a

first step toward group action to defend themselves against

accusations they reasonably believed would be made to

management


Triple Play Sports Bar and Grille (NLRB 2014)

•Facebook posts by former employee regarding employer’s

failure to withhold taxes properly

•Current employee “likes” the post and is terminated

•Unlawful termination – “liking” is a form of protected

speech

•Employer’s internet/blogging policy was unlawful

(prohibited “inappropriate discussions”)


Written Policy:–Comply with NLRB decisions and guidance

–Use NLRB-approved disclaimer (Handout)

–Reserve right to monitor, no expectation of privacy

–Define appropriate use of LinkedIn in a way that

does not restrict protected speech (speech about

working conditions, wages, etc)


Written Policy:–Prohibit disclosure of “confidential information”

(defined to NOT include terms of employment)•RSA 275:41-b (cannot discipline for talking about

wages) (eff. 7/22/14)

–Require disclaimer that employees do not speak

for the company*•Still unsettled within NLRB


Written Policy:–Identify who does speak for the company

–Train employees on proper use of LinkedIn•Can prohibit use of social media during work hours

–Have a company LinkedIn account

–Set parameters on “liking” or “endorsing”

consistent with NLRB restrictions


March 18, 2015 Memo of NLRB General Counsel

• Review of unlawful and lawful handbook

policies

• See handout materials

• Review of Wendy’s handbook policy after

settlement with NLRB


Using LinkedIn During Investigations

LinkedIn Investigations

RSA 275:72 expressly empowers employers to

use social media as part of investigations into

employee misconduct

LinkedIn Investigations

LinkedIn and Departed Employees

LinkedIn Departed Employees

Written policy:

–Who owns profile

•Argument that employer owns because work for hire

•Be careful about independent contractors

–Reserve right to search for them post employment


Review of handout materials:

What has been deemed unlawful

What has been deemed lawful

Disclaimer language


Questions?

LinkedIn Q & A

Thank You!

Savvy Workshop develops multi-channel marketing campaigns

and education-based marketing events that help clients reach

their targets. They are experts at developing brand roadmaps,

creative graphic design, crafting compelling messaging and

producing impactful marketing collateral. They are experienced

in social media strategy and implementation, special event

production and tradeshow management. Digital services include

the execution of high-impact websites, video content, e-mail

marketing and online sales tools. www.savvyworkshop.com

About Savvy Workshop, LLC

Sheehan Phinney is a full-service business law firm providing a broad range of

sophisticated legal services to clients in traditional and emerging areas of law. Our

diverse client base includes local and regional businesses, institutions and

municipalities, as well as national and international businesses.

With offices in the major business centers in New Hampshire and Massachusetts,

our firm is strategically positioned to serve this thriving part of New England. Our

goal is to understand and pursue our clients' ultimate business objectives - a simple

concept, but one that we never take for granted. No matter how many times we

have worked in a particular area, we know that each client's needs are unique. For

over 75 years, understanding our clients' businesses and helping to identify and

define their best approaches to a problem has earned us the trust, confidence, and

loyalty of our clients, who rely on us not just as their lawyers, but as their counsel.

www.sheehan.com

About Sheehan Phinney Bass + Green

Get Savvy On LinkedIn | For HR Professionals

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