Can my employer fire me for social media posts?

Can my employer fire me for social media posts?

Since California is an at-will employment state — and California Labor Code 2922 states that at-will employees “may be terminated at the will of either party on notice to the other” — employers can fire employees for anything, including their social media posts.

Do labor laws protect employee posts on social media?

Yes. The National Labor Relations Act (NLRA) and similar state laws protect employees’ rights to communicate with one other about their employment.

Can an employer control what you post on social media?

Private companies and employers can discipline or fire an employee for what they post on social media. There are, however, a few exceptions to this rule. In general, employers cannot fire you for posting: Truthful statements about working conditions, like harassment or unsafe working conditions.

Can an employee get fired for posting something on Facebook?

In short, yes, you can be fired for what you post on social media like Facebook or any other site. However, there are certain laws that limit the extent of an employer’s right to fire or discipline employees for what they post online.

Which law governs employees rights to post on social media?

The National Labor Relations Act
The National Labor Relations Act protects the rights of employees to act together to address conditions at work, with or without a union. This protection extends to certain work-related conversations conducted on social media, such as Facebook and Twitter.

Should employees be disciplined for social media postings pertaining to work?

Employees can be subject to disciplinary action for posting content unfavorable to their employer. However, the law provides some protection to employees who post about the workplace or disparage their employer if those employees are engaged in protected activity.

Do employers have the right to monitor employees social media accounts?

Monitoring employee social media Employers should view tracking existing employees through personal or work-based social media as a collection of personal information that may be subject to applicable privacy legislation in their jurisdiction.

What employees should not post on social media?

Best Buy goes one step further, and mandates that dishonorable content such as racial, ethnic, sexual, religious and physical disability slurs are not tolerated. Additionally, both companies require that their employees make it clear that their posts are not brand endorsements.

Should employers be concerned with what employees are posting on Facebook?

Employees can’t just post anything they want on Facebook or anywhere else. Libel or slander or posting comments about individuals that are not related to your work environment are not protected. Posting confidential company information, good or bad, is not protected. Be careful.

What can you get in trouble for posting on social media?

Crimes that relate to general posting on the Internet (including on your social media accounts or the accounts of anyone else) include:

• Child pornography.
• Luring children into illegal sexual acts.
• Revenge pornography.
• Harassment, stalking, and cyberbullying.
• Threats.
• Criminal libel.
• Domestic abuse.

Should employees be held accountable for their social networking posts?

Yes, employees should be held accountable because their actions, both online and offline, could affect the company they work for. So, common sense is required in the use of social media. After all, if the company is adversely affected by some posts, the impact could be very costly for the company.

Can I ask an employee to take down a social media post?

If the employee’s statement includes a “matter of public concern,” the posting may be protected under the First Amendment. Of course, the employee may simply refuse to remove the post. The question then becomes whether the employer can choose to discipline the employee for the post.

What are the main ethical issues regarding social media and employers?

The use social media in making hiring and employment determinations, when social media communication or content is not relevant to the employee’s ability to do the job, would be disrespectful, demeaning, and unfair to job applicants and employees, again, regardless of consent.

Is it ethical for companies to monitor employees social media?

Establish Official Company Policies Currently, there are no federal laws that prohibit an employer from monitoring employees on social networking sites. You can install software on company computers that does this, or hire third-party companies to monitor online activity.

What type of rules should organizations have for employees using social media?

Be sure employees understand image using rights, copyright and other legal constraints that may restrict their social media usage. Ensure employees know not to disclose financial or legal information around customers or clients. Be clear about the boundaries of what they should and shouldn’t be sharing.