Can you terminate an employee for social media posts?

Laurel O'Conner asked a question: Can you terminate an employee for social media posts?
Asked By: Laurel O'Conner
Date created: Thu, Apr 22, 2021 8:38 AM

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Top best answers to the question «Can you terminate an employee for social media posts»

Private companies and employers can discipline or fire an employee for what they post on social media… In general, employers cannot fire you for posting: Truthful statements about working conditions, like harassment or unsafe working conditions.

FAQ

Those who are looking for an answer to the question «Can you terminate an employee for social media posts?» often ask the following questions:

⭐️ May social media posts?

Here's a quick list of May week-long and month-long holidays to dive into to find week-long social media ideas: National Nurses Week – first full week of the month of May. National Police Week (US) – Sunday 9th May to 15th May. National Bike Week (bike to work) – third week in May. National Barbecue Month.

⭐️ Are social media posts personal data?

Data privacy has been an essential topic since the social media invaded our lives. However, we never know who to blame if our personal information was not protected well and got stolen.

⭐️ Are social media posts public domain?

• When you put information onto social media, you are putting it into the public domain for other people to view. Unless your posts are protected by privacy settings, anyone, including journalists, can see them. • Most social media websites allow you to restrict what you put into the public domain by allowing you to change your privacy settings.

9 other answers

The most prominent example that some employers overlook or get wrong: Employees should not be fired when their social media post could be considered “concerted activity” and could, therefore, be protected activity under the National Labor Relations Act (NLRA). Concerted activity includes discussing working environment among coworkers—even in a negative way in public. Employers can get into trouble when they’re too restrictive in their social media policies—overbroad restrictions or ...

It is generally accepted that employees can be disciplined for ‘off duty’ misconduct involving social media, if the conduct negatively affects the employer’s legitimate interests.” In certain cases, as McKinnon suggested, public criticism of an employer can be sufficient enough for termination. This would generally be the case if the comments were seen to be racist, harassing, or generally discriminatory.

The National Labor Relations Board may further elucidate times when an employer cannot lawfully terminate an employee due to social media posts. This organization receives thousands of complaints on an annual basis because of employees who were terminated due to their social media content. In an effort to educate the public about prohibited employment practices, the

However, it is not always a good idea to terminate an employee based on a social media post. Employers and HR professionals should consider these situations on a case-by-case basis. This is particularly important for government employers, who are required to respect the free speech rights of their employees, and generally cannot retaliate against employees for speaking out as citizens on matters of public concern.

The first is that misconduct on social media can provide a valid reason to terminate an employee. It is important to understand, however, that not all activity on social media will give rise to a valid reason. As an employer, you don’t have a right to regulate everything that your employees do in their private time. Their duties to you only extend so far and employees still have a right to free speech and privacy.

“If it’s apparent in your workplace that you take employees’ social media posting seriously, then when you end up in Court you’re more likely to justify termination,” advised Wardell. “To fire someone for cause, their offence must be with respect to something important and different things are important to different organizations. So, when you tell the Court that your organization takes social media seriously, the Court will be looking to you to prove that. If you can ...

While employers are able to fire employees for their posts in many circumstances, employees do have a number of protections. If a client comes to our office after being disciplined for social media use, we navigate them through the difficult and evolving area of law, and discuss with them their legal rights.

Employers Can Discipline Employees for Certain Social Media Activity. Author: Beth P. Zoller, XpertHR Legal Editor A handful of cases handed down by the National Labor Relations Board (NLRB) has left employers wondering whether they have any rights at all to regulate, monitor and discipline employees for what they post on Facebook and other social media without running afoul of the protected ...

That way, if he or she repeats that behaviour and you eventually terminate his or her employment, you can rely on the previous misconduct in support of the termination. These new cases regarding termination for social media posts demonstrate that this area of the law is still developing, but it remains clear that despite the unique nature of social media, courts and arbitrators do not consider ...

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“If it’s apparent in your workplace that you take employees’ social media posting seriously, then when you end up in Court you’re more likely to justify termination,” advised Wardell. “To fire someone for cause, their offence must be with respect to something important and different things are important to different organizations.

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