How Social Media Networks Can Get You Fired
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Employers are increasingly monitoring what employees post on social networking sites. In fact, many companies have social media policies that limit what you can and cannot post on social networking sites about your employer.
Many companies have social media policies that limit what you can and cannot post on social networking sites about your employer. A website called Compliance Building has a database of social media policies for hundreds of companies. You should ask your supervisor or human resources department what the policy is for your company.
Some states have laws that prohibit employers from disciplining an employee based on off-duty activity on social networking sites, unless the activity can be shown to damage the company in some way. In general, posts that are work-related have the potential to cause the company damage. Anti-discrimination laws prohibit employers from disciplining employees based on age, race, color, religion, national origin or gender. If you feel that you have been discriminated against, contact a lawyer. You can find a lawyer who specializes in employment law via the National Employment Lawyers Association. For more information on the laws surrounding social media in the workplace, see The Portland Press Herald: Your Business: Make Your Social Policy Clear
There is no federal law that we are aware of that an employer is breaking by monitoring employees on social networking sites. In fact, employers can even hire third-party companies to monitor online employee activity for them.
The National Labor Relations Board (NLRB) has issued a number of rulings involving questions about employer social media policies. The NLRB has indicated that these cases are extremely fact-specific. It has provided the following general guidance:
- Employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees.
- An employee’s comments on social media are generally not protected if they are mere gripes not made in relation to group activity among employees.
https://www.nlrb.gov/news/acting-general-counsel-issues-second-social-media-report. Also see https://www.nytimes.com/2013/01/22/technology/employers-social-media-policies-come-under-regulatory-scrutiny.html?_r=0&pagewanted=all&pagewanted=print.