Employees often wonder if they can speak out about their employers on social media without facing consequences. While there are some protections for workers speaking out, these rules vary and may only apply in specific situations.
Employers generally have a freedom to dismiss employees for reasons they see fit, making it essential for workers to understand their rights and their company’s social media policies, CNN reports.
“In general, an employer could fire an employee for just about anything, including criticizing the company on social media or anywhere else,” said Jeffrey Hirsch, a professor of labor and employment law at the University of North Carolina.
A recent example involving a Tesla manager who was fired for criticizing CEO Elon Musk on LinkedIn highlights the complexity of this issue.
What Speech Is Protected On Social Media?
Whether an employee can face disciplinary action for something posted on social media largely depends on the type of employment agreement they have.
In many states, “at-will” employment allows either the employer or employee to end the relationship at any time for any reason—though there are exceptions. For instance, laws that prevent discrimination or specific contract terms can offer more protection for employees.
In the U.S., except for Montana, most states follow the at-will model. But workers in certain industries, such as government jobs, have additional protections. For example, public sector workers are shielded by the First Amendment, provided their speech is about a public issue and doesn’t disrupt their work.
“There are a lot of cases, for example, of teachers or police officers who get disciplined for social media posts and successfully bring First Amendment claims,” professor of employment law at the University of California, Berkley, Catherine Fisk, said.
The National Labor Relations Act (NLRA) also protects employees who engage in “concerted activity” — discussing work-related issues with colleagues. Even simple actions, like liking a coworker’s post about working conditions, can be protected under the law.
However, the discussion must be work-related and impact a broader group of employees, not just individual grievances. Criticizing an employer with vague comments does not qualify for protection.
“If it’s something more general, like ‘my employer stinks’ or ‘my boss is a jerk’…those are not protected activities,” said labor attorney Mark Kluger.
Company Policies And Freedom of Expression
Employers cannot outright ban employees from posting critical content on social media, but they do have the right to prohibit false statements about the company. According to Kluger, companies cannot impose overly broad rules that stop employees from discussing workplace conditions or voicing concerns.
“The National Labor Relations Board previously has looked at those types of provisions and said (they’re) too broad,” Kluger said. “Because it would be perceived as inhibiting an employee from complaining about terms of employment.”
While employees have more leeway to speak about working conditions, employers are more likely to take action if an employee criticizes a product, service, or business reputation. Social media policies typically encourage employees to avoid posting defamatory content or revealing confidential company information.
Kluger added he advises companies to set clear boundaries in their policies and remind workers that their personal social media posts should not harm the company’s image.
What To Do If Fired Unfairly
If an employee feels they’ve been dismissed for exercising their right to speak out, there are steps they can take.
Workers who believe they were retaliated against for engaging in protected activities can file a complaint with the National Labor Relations Board (NLRB). However, many employees are unaware of this option, and even some lawyers may not recognize the protections available to non-unionized workers.
If a complaint is filed, the NLRB investigates the case, and if it has merit, the organization will pursue the issue on the employee’s behalf. Employees may be entitled to back pay and reinstatement if the NLRB rules in their favor. The process, however, can be lengthy and complicated.
Employees need to familiarize themselves with their company’s social media policies and their rights under labor laws.
The post Can You Get Fired For Social Media Posts? Here’s What The Law Says appeared first on International Business Times.
