Does an employment web-site have a duty to only accept legitimate job listings?
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Does an employment web-site have a duty to only accept legitimate job listings?
A CA company posts jobs from Korean education companies. The website also hosts message boards for teachers working in Korea. Messages warning of problem companies are deleted again and again. Are they at all liable for advertising a job opening for a company that has a track record of being a terrible employer? These companies are known for ripping off their new hires,
Asked on May 9, 2011 under General Practice, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
They are almost certainly not liable. The law protects publishers generally from being liable for the bad acts of those they accept advertisments, job listings, etc. from--and that is even more so in the case of internet "publishing" than traditional print media. If the job board company were actually complicit or conspiring with the bad actors, that might be different; but if it's an arms length relationship simply accepting their posts, they are not. Also, you say the Korean companies have a track record of being terrible employers--that would not in and of itself make them liable, either. As long as they disclose the terms up front, do not lie, and follow their own country's laws, they can be awful employers and bad to work for without incurring liability.
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