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Old 03-24-2012, 09:31 PM
 
Location: NJ
18,665 posts, read 19,962,294 times
Reputation: 7315

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LOL! Chatteress, how is it illegal? Name the specific statute of either criminal or employment law, in any jurisdiction, it violates.
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Old 03-24-2012, 09:41 PM
 
2,677 posts, read 2,615,881 times
Reputation: 1491
Quote:
Originally Posted by bobtn View Post
LOL! Chatteress, how is it illegal? Name the specific statute of either criminal or employment law, in any jurisdiction, it violates.
This wasn't directed at me, but you'll forgive me for answering.

When you signed up for facebook, you agreed to a terms of service that explicitly forbid you from giving your password to others. That is a legal contract, and by asking you to violate that, your prospective employer has asked you to break your legal agreement, which is, of itself, a violation of the law.

Glad you asked.
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Old 03-24-2012, 10:19 PM
 
Location: NJ
17,573 posts, read 46,126,539 times
Reputation: 16273
Quote:
Originally Posted by DentalFloss View Post
This wasn't directed at me, but you'll forgive me for answering.

When you signed up for facebook, you agreed to a terms of service that explicitly forbid you from giving your password to others. That is a legal contract, and by asking you to violate that, your prospective employer has asked you to break your legal agreement, which is, of itself, a violation of the law.

Glad you asked.
I'm skeptical of this. What if you signed up for some website and in it was an agreement that forbade you from disclosing your past salaries. Would an employer asking you what you made being doing something illegal?
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Old 03-24-2012, 10:26 PM
 
Location: The Chatterdome in La La Land, CaliFUNia
39,031 posts, read 23,012,380 times
Reputation: 36027
Quote:
Originally Posted by manderly6 View Post
I'm skeptical of this. What if you signed up for some website and in it was an agreement that forbade you from disclosing your past salaries. Would an employer asking you what you made being doing something illegal?
Facebook's policy of not allowing users to share passwords is to safeguard against phishing, spamming, etc ... I doubt any website would require users to withhold salary info or other info that is within the rights of the user to disclose.
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Old 03-24-2012, 10:30 PM
 
Location: Ohio
1,561 posts, read 2,257,090 times
Reputation: 2508
I haven't read all 28 pages of this thread, but this is just ridiculous. Do employers have that much of an upper hand in this ****ty economy that we're supposed to let them have our passwords to social networking sites? That is just absurd and nobody should be okay with companies asking such things. I would have walked out and probably told them to kiss my ass as well.
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Old 03-24-2012, 10:30 PM
 
Location: NJ
17,573 posts, read 46,126,539 times
Reputation: 16273
Quote:
Originally Posted by Chatteress View Post
Facebook's policy of not allowing users to share passwords is to safeguard against phishing, spamming, etc ... I doubt any website would require users to withhold salary info or other info that is within the rights of the user to disclose.
I doubt it to. But in principle it doesn't sound any different to me and if that was indeed the case would they both be illegal?
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Old 03-24-2012, 10:43 PM
 
Location: Keystone State
1,765 posts, read 2,196,135 times
Reputation: 2128
llegal Interview Questions

Employers should not ask about any of the following, because to not hire a candidate because of any one of them is discriminatory:
This information can be obtain through Facebook, in an attempt to circumvent the questions below...

Race
Color
Sex
Religion
National origin
Birthplace
Age
Disability
Marital/family status


Prohibited Practices Equal Employment Opportunity Commission (EEOC)

snippet: "As a general rule, the information obtained and requested through the pre-employment process should be limited to those essential for determining if a person is qualified for the job; whereas, information regarding race, sex, national origin, age, and religion are irrelevant in such determinations." (Facebook information and scrutiny is not essential for determining qualification...)

"Therefore, inquiries about organizations, clubs, societies, and lodges of which an applicant may be a member or any other questions, which may indicate the applicant's race, sex, national origin, disability status, age, religion, color or ancestry if answered, should generally be avoided. (a facebook user will usually provide the latter information intentionally or inadvertently...)

such inquiries may be used as evidence of an employer's intent to discriminate unless the questions asked can be justified by some business purpose".

Last edited by tiluha; 03-24-2012 at 11:05 PM..
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Old 03-25-2012, 12:43 AM
 
24,488 posts, read 41,124,502 times
Reputation: 12920
Quote:
Originally Posted by DentalFloss View Post
This wasn't directed at me, but you'll forgive me for answering.

When you signed up for facebook, you agreed to a terms of service that explicitly forbid you from giving your password to others. That is a legal contract, and by asking you to violate that, your prospective employer has asked you to break your legal agreement, which is, of itself, a violation of the law.

Glad you asked.
Breach of contract is not illegal. It's merely civil and the only calls for cause of action from the court system. The court cannot sentence any punishment for the parties involved. The courts can only enforce the contract.

In this case, if Facebook incurred losses due to the sharing of a password, the user could be held liable for those losses. It really has nothing to do with the employer.
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Old 03-25-2012, 05:38 AM
 
Location: Beautiful TN!
5,453 posts, read 8,220,186 times
Reputation: 5705
I happened to see an interview with a young man that had this happen to him. Said company asked him for facebook log in information and he refused, walked out of interview. This subject is just hitting the news and is not being looked upon very highly. According to the news (sorry nightly news but can't remember who was reporting) it will be looked into and dealt with, the country is pretty much in an uproar! The reporter hinted that lawmakers are going to look into the legality of this practice.
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Old 03-25-2012, 07:20 AM
 
Location: The Chatterdome in La La Land, CaliFUNia
39,031 posts, read 23,012,380 times
Reputation: 36027
Quote:
Originally Posted by NJBest View Post
Breach of contract is not illegal. It's merely civil and the only calls for cause of action from the court system. The court cannot sentence any punishment for the parties involved. The courts can only enforce the contract.

In this case, if Facebook incurred losses due to the sharing of a password, the user could be held liable for those losses. It really has nothing to do with the employer.
So employers are putting users on the spot - Either breach your Facebook user contract or don't work for our company ... Not much choice for someone who hasn't got an interview for a while. Sorry but I'd hardly hold a desperate job seeker responsible for any outfall that occurs when sharing his/her password with an employer in their desperate bid to get a job. I think it is just outrageous for companies to think they have the audacity to even ask for this bit of personal information.
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