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May 11, 2007

To many people, the concept of a Google search as a person's previous or permanent record continues to stir up a lot of interest. Whether it's people worrying that they can be found or government workers using it as a tool, the topic creates a lot of controversy and debate.

One specific theme that keeps reoccurring is how some employers use Google as a de facto standard on background checks of potential or current employees. Some say these worries are blown out of proportion.

But one federal employee who recently got fired for misusing government property alleges that a Google search by an official as part of the investigation into his thefts violated his "right to fundamental fairness".

A three-judge panel disagreed with him, rejecting the claim that the search, which turned up information on two previous occurrences that this same federal employee had been fired from a job, affected the decision to terminate his employment.

This particular case seems to hinge on the use of the search, and whether it undermines due process in determining whether or not to fire the person.

The judges said that the official's Google search didn't constitute ex-parte communication, since it wasn't a communication between parties.

This seems to be the crucial part of the ruling here, because it essentially means it is acceptable for employers (or at least the federal government as an employer) to check out workers' backgrounds utilizing the Internet.

Quite reasonably, the judges seem to be impliying that the Web shouldn't get singled out for special treatment, and that instead it should be considered as any other research source.

Should any or all online communications constitute prejudicial ex-parte communication, then it should be dealt with as such.

The conclusion to all of this: just because your boss found out about some of your past with a simple Google search, it certainly doesn't mean they can't fire you.

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Source: Tech Dirt