New MySpace question

KCHR · May 2006

Read the fascinating (and quite heated) post a few months ago about MySpace and didn't get the answer I needed. One division of our companies supplies Direct Support workers to Non-Profits that support adults with Mental Retardation and other Developmental Disabilities. A client got online last night after seeing a news piece about MySpace, put in their company name, and immediately found one of our employees going Temp to Hire there right now with a long listing on MySpace.

The language is quite profane, but the most troubling parts are the employee admitting to using Pot and making references to Meth.

I don't have a problem with bringing her in and asking her to remove where she works from the site (she has us listed on there as well), but the client wants her drug screened now. Is this enough to establish "resonable suspicion"? We have this in our policy, but I feel like I'm a little bit on thin ice here. What does everyone think?

Kendall L. Waldock, Jr., J.D., CSP
Diversified Professional Staffing
w: (888) 350-2001, c: (816) 918-7334
Placing Profesionals for over 30 years!

Open1 · May 2006

I think that would be fine as long as she admits that she made the posts, however, she could claim that someone was impersonating her...

Will "MySpace" remove your company name for you??? I heard they are being cooperative these days.

SMace · May 2006

I get to give a lawyer advice...this is great. I think if you verify that the drug references are there and that they actually say what you are being told you are OK to drug test. If this isn't reasonable suspicion, I don't know what is.

I would bring them in and give them a chance to come up with something and when they can't send 'em on.

PS I'm billing .5 hours for this one.

KCHR · May 2006

Thanks for the advice. While I did get my JD, I had a GPA that would make John Belushi's character in Animal House look like a genius. Just think it looks good in my sig.

You now owe me .5 hours as I billed you back a full hour for having to explain the reason for my ignorance.xB-)

Kendall L. Waldock, Jr., J.D., CSP
Diversified Professional Staffing
w: (888) 350-2001, c: (816) 918-7334
Placing Profesionals for over 30 years!

Parabeagle · May 2006

You neglected to outline what your policy says about drug testing. Under what circumstances do you test? If your policy is structured to permit testing under the conditions you just outlined, by all means go ahead.

Personally, I would be rather uncomfortable about considering a blog statement as 'reasonable suspicion.' We train our supervisors that reasonable suspicion is generally triggered by observable behaviors in the employee such as slurred speech, staggering, or other documented impairment.

RoadKing · May 2006

I agree with Parabeagle. Statements made in a site like MySpace would not amount to reasonable suspicion in our policy. People frequently go to those types of sites to be who or what in real life they are not.

Paul in Cannon Beach · May 2006

The vulnerability of developmentally disabled people necessitates greater measures of protection in my opinion.

I think any information that might indicate this employee is unsuitable should be fully investigated.

KCHR · May 2006

I couldn't agree more, Paul. Our reputation as the only staffing agency capable of providing high quality trained staff in this field has got to be darn near perfect in order to generate business.

Update: the client doesn't want the employee anymore anyway. If she passes the drug screen we will continue to use her on other temp gigs, if she doesn't, end of story.

Kendall L. Waldock, Jr., J.D., CSP
Diversified Professional Staffing
w: (888) 350-2001, c: (816) 918-7334
Placing Profesionals for over 30 years!

New MySpace question

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