The use of social media in the workplace has been a perpetual hot topic, and not just because people tend to play around with Facebook when they are supposed to be working. Want to find out whether that employee who says he is out on medical leave is actually sick? An examination of his Facebook profile or Twitter account might be able to give human resources and legal a strong indication. If he’s posting selfies taken at Disneyworld, he’s probably lying to you.
Although these kinds of inquiries can provide useful information, new analytics tools are making those casual looks at profiles and tweets seem like a very superficial way to investigate what employees are up to. These new technologies allow companies to take a deeper dive into peoples’ activities and relationships, and could help in-house counsel in a wide variety of ways—from spotting corruption to conducting better due diligence in a transaction. At the same time, they present legal issues that give in-house counsel a reason to hit the pause button.
