Can an employee be fired for comments on Facebook?

Sadly, this myth often leads people to post comments on social media they later regret. Private companies and employers can discipline or fire an employee for what they post on social media.

Can you be fired over Facebook posts?

Within limits, the government may not tell us what we can say or what we can’t. But there is no such restriction that applies to Private Employers. In short, yes, you can be fired for what you post on social media like Facebook or any other site.

Can you get fired for social media comments?

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.

Can an employee be disciplined or terminated for what they post on social media?

In general, employers have the power to fire employees for any lawful reason–including for what they post on social media.

Can an employer take action on social media posts made by an employee outside working hours?

Yes. An employer may face liability if it is aware of discriminatory harassment—even if it is done through an employee’s personal social media use and outside of work hours—if the conduct creates a hostile work environment, , depending on the facts and evidence in a particular case.

Can employers use Facebook against you?

The short answer is yes. It is completely legal for employers to check employees’ social media profiles. Some states even allow employers to solicit social media usernames and passwords from their workers. In general, state and federal privacy laws dictate what employers can and cannot ask for.

Can an employee posting negative comments on Facebook?

An employer may discipline an employee for posting negative comments on a social networking site if the employee’s comments are harassing, offensive or inappropriate, and not related to employment issues.

Can an employer use social media against you?

The newly amended Right to Privacy in the Workplace Act makes it illegal for companies to ask or require employees to use personal social media profiles to join their employer’s online accounts. Rulings by the National Labor Relations Board state employers cannot restrict what employees post on their own accounts.

Should employees be disciplined for social media posts?

If the social media post violates a company policy or directly targets their company or another employee, disciplinary measures would typically be appropriate. Most companies include support for an inclusive and respectful work environment in their values.

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 HR look at Facebook?

The short answer is yes. It is completely legal for employers to check employees’ social media profiles. Some states even allow employers to solicit social media usernames and passwords from their workers.

How do you handle disgruntled employees on social media?

  1. Steps to Take When Dealing With Former Employees on Social Media.
  2. Review Your Social Media and Business Privacy Policy.
  3. Contact the Former Employee.
  4. Remind the Former Employee That Others Rely on the Company.
  5. Report Offensive Content to the Social Network.