From Jeremy: I am always looking for interesting guest content to provide information to you… the readers of Refocusing Technology. I found this article to be an interesting viewpoint on Social Media that isn’t always thought about – the legal ramifications.  It is republished with permission of the author Noah Fiedler. I hope that it’s helpful to you. Enjoy!

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photo credit: Picture Perfect Pose

Recently, a once-convicted felon had his probation revoked when pictures from his wife’s Myspace page were introduced into evidence at the hearing. The pictures showed the felon holding a beer, which was a violation of his probation. More close to home, I was involved in a case last year where the Myspace, Facebook, and Youtube postings of a couple of plaintiffs dramatically undercut their damage claims (testifying that you’ve never used illegal drugs only really holds up if you haven’t crowed about doing cocaine and heroine on your Myspace page). Likewise, picture of you that you didn’t know were out there can also be found on the worldwide web (try Sorry I Missed Your Party or join the Facebook group 30 Reasons Girls Should Call It a Night)

The proliferation of personal information publicly available can help as well as hurt. For employers, a simple Google search can provide much in-depth information, as can a trip to various social networking sites. In a time when it’s more important than ever to find qualified and capable employees, background research can be helpful. Care should be taken, of course, to make hiring decisions based upon the applicant’s ability to do the job, his/her qualifications, and other factors related to job performance, rather than the pictures posted on Myspace. Merely because the information is now available does not mean that it should be focus of the employment inquiry, nor a factor in the employment decision at all. However, many employers will point out that they seek ambitious, motivated and driven people. What is there in the applicant’s various social networking profiles are those qualities demonstrated?

The internet ground is always shifting under employer’s and employee’s feet. Care should be taken by employees (and for those of you with kids, your sons and daughters) about what information they put on their profiles (remember, social networking site profiles are often searchable by Google and Yahoo). On the other side of the coin, employers must be diligent to exercise proper due diligence, but also to consider job-performance factors in making hiring decisions. As always, if you have a question about a specific situation, contact an attorney versed in employment law.

Noah Fiedler is a commercial litigation lawyer based in Wisconsin. For more information about Noah and his work  take a look at his blog at http://www.NoahFiedler.com/ .