At first blush, using Google searches as part of an employee selection process appears to be a great idea. What could be easier than “Googling” an applicant’s name to see what the Internet yields about his/her prior employment and professional reputation? In 2009, Careerbuilder.com reported that about 45 percent of companies were turning to the Internet to screen candidates. The Personal Branding Blog predicts that, by 2012, close to 100 percent of companies will be doing so. Additionally, employers are wary of negligent hiring claims. Given that employers have a duty to hire “safe employees” and may face claims for failing to screen dangerous applicants, it is understandable that employers increasingly feel that Internet searches should have a role in the screening process.

Despite its attractions, using Internet search tools in hiring is fraught with danger for employers. While information found on the web is readily available and appears to be “public” in nature, employers risk violating various state and federal laws when considering web content in hiring.