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In our modern Canadian society, technology and social media is – officially – everywhere, including the typical workplace. Most employers use computers and other technology as an integral part of their core business processes, and most employees arrive on the job with not only a well-established set of work-related computer skills, but also an array of personal cellphones and gadgets for their own use off-duty, but potentially to be used while on the job as well. Commonly, both employer and employee have a significant social media presence, and both are keenly interested in curating that online image, while making the most of the networking opportunities inherent in the medium.
But with the ubiquity of technology and social media comes workplace challenges that are becoming freshly evident. The boundaries between employees' professional and personal lives are blurred, and from the employer's perspective this gives rise to significant new legal issues relating to employee productivity, privacy and the employer's ability or right to discipline employees and monitor their conduct both on- and off-duty.
This book aims to touch upon some of these concerns from the standpoint of the typical small- or mid-sized employer in a non-unionized workplace, as viewed from the various stages of the relationship with an employee, namely: (1) during the interview and hiring stage; (2) after hiring; and (3) after termination. It strives to provide some practical legal guidance and suggestions on addressing the issues that arise from technology use (and misuse) throughout those stages, and also gives insight on the issues that can stem from an employer's marketing efforts and own presence on social media.