References and Recommendations The popular business social networking site LinkedIn.com allows employees to ask their “connections” to provide recommendations for them. Most employers, however, due to defamation, privacy, and other legal considerations, typically provide very limited reference information on former employees. See, e.g., Randi W. v. Muroc Jt. Unified School Dist. , 14 Cal. 4th 1066 (1997) (finding liability where an employer provided positive references but failed to disclose complaints of sexual misconduct). Employers should make sure that employees are aware that any limited reference policies that the employer may have in place extend to providing references on social media sites, such as LinkedIn.
Safeguarding Confidential and Proprietary Information
In today’s knowledge-based economy, confidential information and electronic systems are often the most valuable resources of a company. Employees who have access to this information or create the employer’s electronic systems during the course of their employment can do a great deal of harm to a company if they disclose this information or attempt to take it with them when they leave their employment. Both state and federal laws provide guidelines for employers and employees in this important arena. These laws are summarized below. Information Security. Employers have a responsibility to keep certain information confidential. For example, employee personnel records often include information that employers must keep confidential, such as employee medical records, drug testing records, social security numbers, and credit reports. Employees may also have access to similar confidential information about customers, clients, or donors that the employer is obligated by contract or law to keep confidential. Employers should adopt systems and policies to address the security of this confidential information. If employees have access to particularly
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