Employment Laws Regarding Social Media
Many people use multiple social media sites such as Facebook, Twitter, and LinkedIn to state their opinions on world views, share photos, and keep friends updated on everything from what they ate for dinner to the disagreement they had with their boss.
Social media is a fun way to connect with others when busy schedules make it difficult to attend face-to-face get-togethers. But social media can have a downside. There have been multiple cases of people getting disciplined or fired for posts on social media.
Employment law offers certain protections to those in the workforce, but how do these laws pertain to social media? Individuals who have faced reprimand, missed out on a job offer, or lost a job due to social medical presence can contact experienced attorney Dan A. Atkerson to learn more about employment law and social media at our practice, serving the Lewisville, TX and Carrollton, TX areas.
Social Media Protections
Social media is a fairly new area of concern in regards to employment laws. It is only recently, as cases have been brought to court, that the National Labor Relations Board (NLRB) has had to step in and take action to protect employees in regards to social media.
The regulations set forth by the NLRB are in addition to state laws that are already in place to protect employees from discrimination based on off-duty conduct, shared political opinions, sexual orientation, or religious beliefs.
The federal guidelines of the NLRB protect employees from being disciplined or fired based on certain types of job-related posts. Specifically, online protections pertain to employees engaged in concerted activity.
Concerted activity is any topic, discussion, or complaint that relates to the interests of more than one employee. For instance, posts related to issues such as benefits, pay rates, work safety, or the overall work environment should be protected as a concerted effort.
Conversely, a direct complaint about how a supervisor spoke to you in the hallway would not fall under the federal protections of the NLRB. Similarly, any personal attacks, threats of violence, or the sharing of confidential company information would be classified as social media posts that are not protected by the NLRB.
Can I Be Fired for a Social Media Post?
The basic question that most employees want answered is whether or not they can be fired for a social media post. The simple answer is “yes.” However, this right only pertains to certain situations, such as when trade secrets are shared or when the post threatens violence or is harassing to another employee. Unfortunately, many people have been unjustly fired for social media posts that should be protected under federal regulations.
Anyone who has been fired as a direct result of a social media post should speak to an experienced employment law attorney, such as Dan Atkerson to discuss the details of their case and find out if their rights have been violated. In cases of wrongful termination, we will fight for the compensation our clients deserve.
To learn more about your right regarding employment laws and social media, contact us at your earliest convenience to set up a consultation with attorney Dan A. Atkerson. If your employer is in violation of employment laws, Mr. Atkerson will use his experience and expertise to collect the compensation you are due for related damages.