Lost a possible job opportunity due to being a diver

[KeithG]

It's only a 'free country' if you are independently wealthy. Or maybe unemployed and too poor to take anything else from. The term 'wage slave' exists for a reason. Social media has given some HR types another surveillance option for monitoring us; at least they're not bugging our homes (yet).

Richard.

They are not allowed to monitor you in any way...
Off-Duty Conduct and Employee Rights

 

[KeithG]

They are not allowed to monitor you in any way...
Off-Duty Conduct and Employee Rights

from that site...
in the private sector, a number of laws prohibit employers from intruding into their employees' lives outside of work. Some state constitutions specifically include a right to privacy, which prevents private employers from looking into their employees' off-duty activity. Some states, including California, have laws prohibiting employers from taking any job-related action based on a worker's lawful conduct off the job.

 

[Dogbowl]

I’m with @giffenk .

I don’t think what that HR person did was legal. But that person might not have known that or cared. And of course reality is always different than what’s on paper.

 

[Lorenzoid]

I’m with @giffenk .

I don’t think what that HR person did was legal. But that person might not have known that or cared. And of course reality is always different than what’s on paper.

I'm not sure I follow you and giffenk. What did the HR person do that you think was not legal? Marie isn't the company's employee--just a prospect.

 

[KeithG]

I'm not sure I follow you and giffenk. What did the HR person do that you think was not legal? Marie isn't the company's employee--just a prospect.

2 separate issues.
- what the HR person did was stupid, not illegal
- if you are an employee then they can not limit your hobbies

 

[emoreira]

Companies I've worked for had prohibitions on "high risk activities" in their employee manuals. Now, what/who defines high risk? Is it riding a motorcycle (to work)? SCUBA? Skiing? Mountain climbing? Base jumping?

I remember the case of Christopher Reeve who was left quadriplegic after being thrown from a horse during an equestrian competition. Is horse riding a high risk activity ?
Taking a shower in your bathroom is also a high risk activity.

 

[Steve_C]

My experience with HR types is that generally they are the most extremely rule driven and risk adverse people I have ever met besides university lawyers.
Me: I would like to accomplish X
HR: The rule says Y
Me: I know what the rule says. I do not want to violate any rules. Is there a way to accomplish X and stay within the rules?
HR: The rule says Y.

It became clear that they could not process my question it was so far outside their way of thinking. Wanting to get something done.

I will also note that a long time poker buddy was head of HR for a large tech company. He has scuba dived. He also rides his bike on our local windy high traffic country roads which has to be the most dangerous sport I know of.

 

[dlofting]

I'm not sure I follow you and giffenk. What did the HR person do that you think was not legal? Marie isn't the company's employee--just a prospect.

The recruiter was only accessing public information. "Googling" a candidate for a job is standard practice.....one of the reasons why I don't do Facebook.

 

[Dogbowl]

I'm not sure I follow you and giffenk. What did the HR person do that you think was not legal? Marie isn't the company's employee--just a prospect.

Good point there. I stand corrected.

I was thinking more along the lines of discrimination under Human Rights Codes but then realized that hobbies were not a “covered ground” LOL!!!

 

[wheeledgoat]

from that site...
in the private sector, a number of laws prohibit employers from intruding into their employees' lives outside of work. Some state constitutions specifically include a right to privacy, which prevents private employers from looking into their employees' off-duty activity. Some states, including California, have laws prohibiting employers from taking any job-related action based on a worker's lawful conduct off the job.

But she wasn't an employee (yet) so none of that would actually apply! interesting.