Blocking Access to Sites at Work

Q: I just started a new job at a small technology firm. They have blocked a lot of websites to prevent employees from spending too much time on these sites. For example, I can no longer check my Facebook page at work. Is this legal? I feel like they are treating me like a child.

A: Employees may want to check social media sites while at work, however, employers can legally prevent employees from accessing certain sites. Employers can also pick and choose which sites they block.

I consulted employment attorney Valerie Samuels, a partner in the employment practice at Posternak, Blankstein and Lund LLP. Samuels explains, "It is not against the law or an invasion of privacy for employees to control, and even monitor, internet usage at work and on company-owned computers. Employers have good reasons for curtailing internet use during work hours and on company-owned computers." Facebook browsing can derail productivity. Samuels cites recent research by Websense, Inc. Websense, Inc. calculated that the United States loses about $178 billion in employee productivity per year as a result of internet misuse at work. Concerned employers block sites to avoid  everything from downloading pornography to shopping on Amazon.

Samuels confirmed that employees generally have no right to privacy when they use company-owned computers, software and servers. Some employers may have explicit policies and some may not. However, excessive time on social media sites (or other sites unrelated to work) can be a reason for disciplinary action, including termination. Sometimes a quick check of Facebook turns into a 45 minute session of browsing Facebook posts but also checking out a site like Zappos to buy a new pair of shoes.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

Social Media and Job Hunting

Q: I am junior in high school. I have nowhere to turn but your column. I applied for a job at a local store in my hometown. I was shocked when they told me that I didn't get the job because of photos I had posted on Instagram. I feel like these photos are my business and shouldn't affect how accurate I am as a cashier. What do you think?

A: Social media's impact on job hunting is a growing reality. Employers are trying to understand you as a candidate. Every hire is a risk. Employers want to minimize risk and hire quality employees. In addition to interviews and reference checks, employers are also looking at a candidate's social media activity. Facebook, Twitter and Instagram posts can sometimes hurt a candidate.

In 2013, On Device Research, a global research firm, studied how social media can hurt and help a job seeker's ability to land a job. The study revealed that 1 in 10 young job seekers (16 to 34 years old) have been rejected by an employer because of the content of their social media accounts. Many of the reasons a job seeker is not selected is because their social media activity includes one or more of the follow: posting inappropriate photos, posting pictures of alcohol or drug use or posting discriminatory or offensive comments. Employers defend their actions saying that social media profiles can give them a better sense of who they are hiring and a candidate's ability to use good judgment. Conversely, social media activity can also help a job seeker. If a candidate's online profile portrays the candidate in a professional way or if the content conveys the candidate's qualifications, this can improve a candidate's odds in securing a job offer.

Those with social media accounts should assume that everything shared on these sites are public. Deleted posts are harder to uncover but they can be found.

I am surprised that the store in your hometown gave you a reason for not hiring you. Many employers would have taken the easier way out and simply stated that they hired a more qualified candidate. Good for them for being candid. Now you know that your social media accounts are being reviewed by potential employers.

Finally, you may want to monitor your social media posts and pictures. Consider deleting any inappropriate content. Envision an employer looking at your accounts. What message do your pictures and posts convey?

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

Angst Caused by Hiring Freezes

Q: I started working for a fairly well-known company about three months ago. Before this role, I worked for a competitor. About two weeks ago, management announced a hiring freeze. My colleagues don't seem worried but I am. My former company never had hiring freezes. There are rumors that there may be layoffs and I am nervous. What does someone do in this position?

A: It sounds like your new work environment may be a bit less stable than your last company. Hiring freezes are not all that unusual. Companies would rather slow down spending on new hires than cut current staff. In many cases, this is a smart choice.

Sometimes companies will do both. They may implement a hiring freeze and, if the cost saving are less than they projected, they make look at other ways of reducing costs, including cutting jobs. This may be a necessary evil depending upon the company's current financial situation.
However, we don't know if layoffs are planned at your company. Often times, rumors become rampant when little information is available. Misinformation starts to sound credible when maybe it is not.

I know what I would do. I would begin asking questions. If your manager is accessible, I would ask to meet with him or her privately. Express your concerns in a professional and candid way. Your manager may be open to holding a meeting to discuss concerns openly. Your manager may not have all the answers. However, it may be helpful for your manager to understand the rumors which are circulating.

Organizational change is difficult, especially since you are a relatively new employee. I have always felt that I would rather learn accurate information, even if it is really negative. I feel like the known is better than the unknown. At a minimum, you can put a plan in place to deal with any possible layoffs or other changes.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

Leave Options in a Small Company

Q: I work for a 20-person technology firm in the Boston area. I asked our controller about taking an FMLA leave because I am expecting a baby in August. The controller told me there is no FMLA leave available to me because of the company size. This was a shock to me since I really thought I would receive 12 weeks off with my baby. Am I eligible for anything? Or just the sick time that I have accrued?

A: I am sorry that you were given news that was not was not what you were expecting. The Family and Medical Leave Act (FMLA) only applies to private-sector employers with 50 or more employees. If your employer only employs 20 or so employees, your firm does not have to comply.

However, you may be eligible for a leave under the Massachusetts Maternity Leave Act (as of April 7, 2015, called Parental Leave in the state of Massachusetts because it must be applied in a gender neutral manner). This law requires employers with six or more employees to provide eight weeks of leave for the purpose of giving birth. The leave does not have to be paid. As the employee, you must have completed your initial probationary period (often described in an offer letter or your employee handbook) but the probationary period cannot be longer than three months. The Massachusetts law requires that the employee requesting the leave give at least two weeks' notice of the anticipated dates of the leave, both the start date and the return date.

Effective July 1, 2015, there is a new sick time law in Massachusetts. Since your employer has 11 or more employees, an employee may use up to 40 hours of accrued paid sick time per calendar year. Your employer may offer also a short-term disability plan to employees.

It may be worth asking about the Massachusetts Maternity Leave Act (soon to be known as Parental Leave), any sick time (or personal, vacation, floating holidays, etc.) you may have earned or accrued and if your company offers a disability plan.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.