find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Corporate Lawyer
Category: Generalists - In House | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· 12 months fixed term opportunity
View details
Property lawyer - Melbourne
Category: Property Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Impressive client list, national firm · Well-led and high-performing team
View details
LinkedIn poses new risk for employers: lawyers

LinkedIn poses new risk for employers: lawyers

Employment lawyers are advising clients against writing recommendations on social and business networking sites such as LinkedIn.

EMPLOYMENT lawyers are advising their clients against writing recommendations for current or former employees on social and business networking sites such as LinkedIn. 

As job hunters become more tech savvy, social networking sites are serving as online portfolios. People are increasingly asking former employers to post comments on sites such as LinkedIn, for potential employers to see.  

But the trend is causing problems for employers who are facing lawsuits around such references. 

A partner at Philadephia's Mitts Milavec, Carolyn Pump, told the National Law Journal that if employers feel they should post anything on the site, it is best to keep it to stating dates, positions with the company and salary, "and staying away from much more because there are so many potential ramifications if they say something". 

"If they say something negative, there could be a lawsuit. If they say something positive, there could be a lawsuit," she said. 

But comments made on LinkedIn and the like are just a different form of reference and should be treated as such, said Harmers Workplace Lawyers managing partner Joydeep Hor. 

"References are always problematic. While bad references might seem highly unlikely, the ever-present risk around defamation claims and the like should serve as a reminder to managers to be careful about what they say," Hor said today. 

There is also a flipside to the issue, workplace legal expert Hor said. While negative references are an obvious risk, in "positive or glowing references there is the risk of negligent misstatement". 



Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

LinkedIn poses new risk for employers: lawyers
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Warning
Aug 23 2017
NT Law Society sounds alarm on mandatory sentencing
The Law Society Northern Territory has issued a warning over mandatory sentencing, saying it hasn’...
Unite
Aug 22 2017
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by The way we do business, where we work, how we engage with workers, even how we take a...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...