The break room used to be the place for employee gripes and grumbles. Now, these sentiments often play out on social media for all the world to see.
When do these online expressions warrant disciplinary action? As an employer, is it within your rights to take action based on an employee’s online activity?
Legal boundaries for employers
In California, “at-will” employment means employers can usually let employees go for any legal reason. However, there are key limits to this.
The National Labor Relations Act protects employees who talk about work conditions online, and California law prevents firing for legal activities outside of work.
California also grants employees more rights regarding social media. Generally, posting unpopular political opinions or personal activities outside of work is not a valid reason for termination.
Key factors to consider
Your ability to take action depends on several factors:
- Work connection: Does the post mention your business or affect workplace relationships?
- Content nature: Does it contain harassment, discrimination or threats against coworkers?
- Privacy settings: Was the post public or private?
- Company policies: Does your social media policy clearly address this situation?
- Protected speech: Does the content involve protected activities such as discussing working conditions?
You may have grounds for termination when an employee’s posts contain hate speech, harassment or other illegal activities.
Securing legal help
It is important to have clear social media policies that outline what is considered acceptable online behavior. If someone breaks these rules, document it carefully and apply the same rules to everyone. Before considering termination, consider using less severe disciplinary measures.
If you believe termination is necessary, it is best to consult an experienced employment attorney first. They can assess your legal situation and suggest steps to safeguard your business interests and reduce liability risk.