Judges Rule Google Search by Employer Not Illegal

An anonymous reader passed us a link to an Ars Technica article about a failed lawsuit over a Google search. A federal circuit court of appeals has upheld the original ruling against David Mullins, who claimed that Googling his name constituted ex parte communications prior to firing him. "Through a series of events, Mullins' employer found that he had misused his government vehicle and government funds for his own purposes — such as sleeping in his car and falsifying hotel documents to receive reimbursements, withdrawing unauthorized amounts of cash from the company card, and traveling to destinations sometimes hundreds of miles away from where he was supposed to be ... Mullins' supervisor provided a 23-page document listing 102 separate instances of misconduct. Mullins took issue with a Google search that Capell performed just before authorizing his firing. During this Google search, Capell found that Mullins had been fired from his previous job at the Smithsonian Institution and had been removed from Federal Service by the Air Force."

Comments

Re:Employers usually do a search before hiring.

[Applekid]

Hear hear.

And, when not hired for a job, do they EVER get told WHY exactly they weren't hired?

HR: "Sorry Mr. Jones, we didn't hire you because you murdered those children."
Candidate: "Oh, that again. I was AQUITTED, you know. The real killer CONFESSED and is currently serving time."
HR: *calls security*

No, they'd just get a happy little letter that they've declined to offer a job and will keep his information on file for x months blah blah blah.

It's all set to be the new discrimination. What used to be "we can't hire blacks, they'll steal from us!" now becomes "we can't hire people with any kind of bad press around them, they're obviously trouble!"

I wouldn't even be surprised if there were companies which specialize in revenge, where you can google bomb someone's name and associate it with something unpleasant for a fee.

we're going back to the future

[sethg]

Once upon a time, just about everyone lived in small communities. You would expect to live, work, and die in the same little town where your parents and your close relatives lived. Once you got a reputation in such a community, deserved or undeserved, it would probably follow you for life.

Then we had the Industrial Revolution, big cities, relatively cheap transatlantic travel, etc., and all of a sudden it was possible--difficult, but possible--to make a clean break with your past and forge a new life. Many of the life-affecting judgements that were previously made by busybody neighbors were instead made by impersonal bureaucrats.

Now, all sorts of personal information about us online and searchable, and folks who grew up with the Net are less inhibited than their elders about putting more personal stuff online. It looks like the Internet is putting us all in the same virtual small town. I don't think that's an entirely good thing, but I don't see how it can be prevented.