ABSTRACT

Few cases involving claims relating to an employer conducting Internet searching on an employee or applicant have been found. In one case, the U.S. Court of Appeals for the Federal Circuit afrmed the ring of a U.S. government employee on a nonprecedential basis.1 The employee claimed that “his guaranteed right to fundamental fairness was seriously violated” when his supervisor used Google to search his name and learned and improperly considered that he previously had been removed from a position by the Air Force. However, the court found that the employee himself told his supervisor that he had been subject to employment proceedings before, ruling his due process rights were not infringed in over one hundred supported charges of misconduct.