In short, yes, you can be fired for what you post on social media like Facebook or any other site. However, there are certain laws that limit the extent of an employer’s right to fire or discipline employees for what they post online.
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 employers use Facebook against you?
The short answer is yes. It is completely legal for employers to check employees’ social media profiles. … In general, state and federal privacy laws dictate what employers can and cannot ask for. It’s essential to note that potential bosses aren’t the only people who can get your information online.
Can an employer tell you not to post on Facebook?
Employees can’t just post anything they want on Facebook or anywhere else. Libel or slander or posting comments about individuals that are not related to your work environment are not protected. Posting confidential company information, good or bad, is not protected.
Even though an employer can’t legally fire you for protected complaints about working conditions, they can fire you for posting inappropriate pictures or content that can damage the employer’s reputation. Anything from lewd to discriminatory language can be grounds for termination.
Can you post a job before firing someone?
It is not illegal to simply post a position for your replacement while you are still in the position. It would be illegal if they were replacing you because of your race, age, medical condition, mental condition, national origin, religion….
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.
This right, howbeit, cannot be used as a means of discrimination. Federal laws prohibit employers from discriminating against a prospective or current employee based on information on the employee’s social media relating to their race, color, national origin, gender, age, disability, and immigration or citizen status.
That is, if a group of employees is posting information or engaging in a “group chat” on social media about certain topics such as wages, working conditions, workplace safety, or other employment terms and conditions, you cannot discipline or punish them for that activity.
Should employees be fired for what they say on Facebook?
Private companies and employers can discipline or fire an employee for what they post on social media. … In general, employers cannot fire you for posting: Truthful statements about working conditions, like harassment or unsafe working conditions. Comments that indicate your interest in joining or supporting a union.
In general, employers have the power to fire employees for any lawful reason–including for what they post on social media. … These include laws prohibiting discrimination and retaliation, and laws protecting whistleblowers and employees who complain about workplace conditions.
Can I be sacked for Facebook comments?
As a general rule, misconduct is misconduct. Gross misconduct can be a fair reason to be dismissed. It is very much a matter of scale and the reason why the employer has chosen to take action. Therefore, yes, you can be dismissed for what you post on social media.
Can you get fired without a written warning?
It is therefore possible to dismiss even on a first offense and without any prior warnings having been issued, but that will depend on the severity of the offense, the circumstances under which it was committed, and the provisions of the employer’s Disciplinary Code.
When employees are outside of work, they are usually not held accountable at work for their personal lives at home; usually. However, if an employee posts something on their personal social media account that is generally offensive to the company, the employer may be able to take action.