Employers can terminate your employment based on social media content, according to expert opinions.
Social media criticism from employees can lead to some tricky situations, as recently demonstrated by the dismissal of a Tesla manager who commented negatively about Elon Musk on LinkedIn. Here's the lowdown on this thorny issue:
While you might picture yourself as a free-speech fortress when posting on social media, it's not all sunshine and roses if you're an employee doing so about your employer. It's essential to tread carefully.
Generally, employers can terminate you for just about anything, including social media criticism or anywhere else, according to Jeffrey Hirsch, a labor and employment law professor at the University of North Carolina. That said, there are some legal safeguards in place to protect you, but it's wise to educate yourself on the terms of your employment and your company's social media policy.
So, what's protected and what isn't? Your situation depends on various factors, like the type of employment contract you have. If you're employed under an 'at-will' contract, your employer could let you go for any reason, but there are exceptions.
For instance, you're protected under the National Labor Relations Act (NLRA), which allows workers to discuss employment conditions – known as "concerted activity." If you can argue that you were either communicating with coworkers, speaking on their behalf, or attempting to rally them, your speech is very likely protected. Even something as simple as "liking" another employee's Facebook post could be covered.
However, the discussion needs to be specific to workplace policies that affect multiple employees. Saying something like "my employer stinks" or "my boss is a jerk" doesn't qualify since these comments are not protected activities.
Public sector employees also enjoy First Amendment protections if they express themselves off-duty on matters of public concern and their speech isn't unduly disruptive. If you're a teacher or police officer who gets disciplined for social media posts, you might even be able to bring a First Amendment claim successfully.
Company social media policies can't prohibit negative comments entirely. While employers can stop employees from posting false statements about the business, they can't prevent criticism. However, employers can hold more ground when it comes to disparaging products or services instead of employment practices.
If you think you've been fired unfairly for a protected activity, you can file a complaint with the NLRB. While the process can be time-consuming, you may be eligible for backpay if a judge rules in your favor.
Ultimately, it's crucial to understand your rights as an employee and your company's social media policies. Tread carefully, know where the lines are, and don't forget that your words can have concrete real-world consequences.
[1] Enrichment Data: In the United States, the legal implications for employees who criticize their employer on social media can vary significantly depending on several factors, including the type of employment agreement, the nature of the criticism, and the specific laws applicable in the state where the employee works.
[2] Enrichment Data: Employers must be cautious not to discriminate against employees based on protected characteristics, including disabilities. Publicly denigrating an employee with a disability can lead to claims of discrimination under the Americans with Disabilities Act (ADA).
- In the United States, an employee's criticism of their employer on social media can have varying legal implications, contingent upon the type of employment agreement, the nature of the criticism, and the applicable state laws.
- Employers must be cautious when dealing with employees who have disabilities, as publicly denigrating such an employee can lead to claims of discrimination, in adherence with the Americans with Disabilities Act (ADA).
- If an employee believes they have been unfairly terminated for partaking in a protected activity, they have the option to file a complaint with the National Labor Relations Board (NLRB), potentially leading to the recovery of backpay if a judge rules in their favor.
