Is It Possible To Sack Somebody For Their Social Media Complaints
Currently, almost everyone is using at least one of the different social media platforms available. This has made people use social media as a way to notify other people what is happening around them in real time. Although this may be great in some ways, it can lead to unwanted attention or publicity for a business if employees post business practices related information.
Occupation Policies
Some businesses implement rules regulating the use of social media for its employees because they acknowledge the possible harmful effects it can have on their businesses. The regulations may involve limiting what employee post, prohibiting its use while working as well as not associating oneself with certain, actions, causes and political stance. However, businesses should consider legal implications before proceeding with these things.
At-Will Hire
At-Will Hire means that either the employer or the employee can terminate the job contract at will and many states support that. If an employer doesn’t fire someone illegally, then he or she is allowed to do that legally without offering an explanation. Some illegal things may include discrimination or prohibition of any kind.
Employment Contracts
There are employees sign contracts before they begin working. On the contract, you can find almost everything about the job including grounds for termination, employment relationship among other things. The employee can sue the employer in case there was a breach of contract during the termination of the contract.
Labor Guidelines
In some cases, the NLRB (National Labor Relations Board) may go a step further and clarify when an employer cannot legally fire an employee because of social media posts. NLRB receives thousands of employee complaints, who have been fired because of what they post on their social media accounts, every year.
In order to educate people about forbidden employment practices, NLRB gave a report regarding the matter. According to the report, all employees have a right to engage one another to some extent – protected concerted activity. Employees can discuss work-related issues on social media such as working conditions but labor laws may not cover an individual employee complaining about the job.
First Amendment Rights
Workers can argue that their right to speech is being violated when an employer fire them due to their social media contents. However, the right only caters those interacting with the government. Government employees can enjoy this right and sue anyone violating their right but it does not cover private employees.
Legal Help
Lastly, there is need to consider a number of crucial factors when justifying whether an employee termination, due to their social media activity, is legal. Some factors may include protections available, state laws and protected concerted activity’. A lawyer can guide the employee or employee about legal implications of using social media in a particular state.
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