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As the use and significance of social media continues to expand, employers should be aware of the issues that revolve around social media and its effect on recruiting and hiring process.

A 2014 survey conducted by Jobvite revealed that 93% of job recruiters will review a candidate’s social media profile before making a hiring decision and 55% of recruiters have reconsidered a candidate based on their social media profile. This high percentage of recruiters using social media is not surprising to anyone involved in the hiring process. But there are some important legal pitfalls for employers to consider when making hiring decisions based on information obtained through social media.

The issues associated with using social media in the hiring process include possible discrimination claims and off-duty conduct laws. It is better for employers to learn how to minimize these risks when recruiting. Here is a list of best practices we suggest when using social media in the hiring process:

• Review third-party or in-house background checks for compliance with FCRA and state laws.
• Confirm that all information obtained actually belongs to or relates to the prospective employee.
• Consider hiring a third-party background check provider to administer social media checks.

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

Contact the Law Offices of Payab & Associates @ (818) 918-5522 or visit if you have any questions regarding best social media practices for your company.


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Why Choose Payab & Associates

  • Over 20 years of legal experience
  • Recipient of “People Love US” on Yelp for 3 years
  • Over 400 five-star reviews on Yelp, Google & Avvo
  • Rated A+ with the Better Business Bureau
  • Tens of Millions of dollars recovered for our clients
  • No fees or costs unless we recover money for you
  • We speak Spanish

Client Testimonials

  • The Law Office of Payab & Associates Thank you from the bottom of my heart.
  • The Law Office of Payab & Associates Going with David for help was the best thing I could have done.
  • The Law Office of Payab & Associates I highly recommend Payab and Associates.
  • The Law Office of Payab & Associates There are no words to express my appreciation.
  • The Law Office of Payab & Associates I felt well represented with Mr. Payab as my attorney.
  • The Law Office of Payab & Associates It was really a pleasure having him as my attorney and I greatly recommend him.
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