Can I Legally Be Fired for My Social Media Activity?
Dec 15, 2023
auto_awesome
Chris Collins, Partner, Labor and Employment Law at Sheppard Mullin, joins the podcast to discuss the implications of social media activity on employment. Topics covered include at-will employment, anti-discrimination laws, and practical tactics for professionals to protect themselves. The importance of cautious posting and the role of anonymity in social media are also explored.
Employers have the right to take action on employees' social media posts that conflict with company values or harm the company's reputation.
First Amendment rights do not protect employees from consequences in the private employment context.
Employees should be cautious about their social media interactions with coworkers, as workplace policies and expectations still apply outside of the office.
Deep dives
Employers' Concerns Regarding Social Media Posts
Companies have started to pay more attention to social media posts that have potential consequences in the workplace. They are particularly concerned about posts that may impact the employee's ability to work collaboratively or harm the company's reputation. Employers want to ensure a positive and productive work environment, and they are sensitive to the potential association between an employee's social media posts and the company's values. While employers generally do not monitor all social media activity, they may take action if posts directly affect the workplace or the company's image.
The Intersection of First Amendment Rights and Employment
The First Amendment protects individuals' freedom of speech from government interference. However, these protections do not extend to private companies. Private employers have the discretion to take action based on employees' social media posts, as long as they do not discriminate based on protected characteristics like race, religion, or gender. Employees should be aware that their First Amendment rights may not shield them from consequences in the private employment context. Exceptions to this exist in cases where employees work for the government or in certain scenarios involving government contracts.
The Importance of Company Values in Social Media Policies
Employers often use the term 'values' to describe the standards and principles they expect their employees to uphold. While the specific values may not be explicitly listed in employee handbooks, companies prioritize the promotion of a positive work environment and policies against harassment, discrimination, and hostile behavior. Social media posts that conflict with a company's values, such as those inciting violence or creating division among colleagues, can lead to disciplinary action. Employers may also be concerned about posts that could adversely impact the company's reputation or conflict with their commitment to diversity, equity, and inclusion.
Federal and State Laws Surrounding Social Media Posts
Federal laws, such as Title VII and the National Labor Relations Act, protect employees from discrimination based on their characteristics and provide limited protections for certain political speech related to workplace conditions or topics. However, state laws vary, and employees should understand that protections can be limited, especially when it comes to private employers and political speech. Some states, like Connecticut, have extended First Amendment rights to private employees, while others have narrower protections. Employees should review both federal and state laws to understand their rights and potential limitations.
Tactics for Employees to Navigate Social Media Posts
Employees can take certain steps to navigate their social media posts carefully. It is crucial to think before posting and consider the potential impact of the content on colleagues and the workplace. While employees have the right to express their opinions, they should be mindful of the potential consequences and whether alternative ways of expressing their views exist. Furthermore, employees should exercise caution in their interactions with coworkers on social media, understanding that workplace policies and expectations still apply, even outside of traditional office environments.
Why are professionals getting fired for what they post on their own social media? Some of us have had to learn it the hard way: Your rights as a citizen ≠ your rights as an employee—especially when comes to freedom of speech. It has us asking, “What does at-will employment mean, exactly?” Inspired by the true tale of “Brandon’s” termination over a controversial Linkedin post, we’re joined by Chris Collins (Partner, Labor and Employment Law at Sheppard Mullin) to discuss just that, and what employees can do to protect themselves.
Remember Everything You Learn from Podcasts
Save insights instantly, chat with episodes, and build lasting knowledge - all powered by AI.
