Can You Get Fired for Venting about Your Job on Facebook?

A blog-related firing is practically worthy of your resume these days, depending on your line of work. But for those who would prefer to keep their jobs, a new report by the National Labor Relations Board has shed light on when to take recourse after such a firing, even if you aren’t a part of a union.

A new report put out on social media cases has garnered lots of attention as the rules on what’s OK to put on Facebook and what’s not are being established right before our very eyes. Here are some important points from the report that can help guide your social media activity:

1. If you feel the need to complain about work, make sure the issue has already been addressed with management, and that your comments represent the sentiments of your coworkers. Something has become clear in this report and how complaints are handled, and that’s the right of “protected concerted activity,” or the right of employees to talk publically about working conditions. Concerted activity can only be used if you are expressing the opinions of a group, however. Solitary rants that have not been brought up with management aren’t covered.
2. Keep work accounts professional. If you have access to a company social media account, or if you identify yourself as an employee of someone on your social media account, then you are more likely to be considered a company representative while posting on those accounts. If you want to rant, switch to an account that has no association with your employer.
3. Your employer cannot create an overly broad social media policy that prohibits any talk of work, any criticism of the company, or prohibits any association with the company. If your employer has a policy like this, it’s likely not enforceable and may not hold up in court.

If you have been the target of workplace harassment, discrimination or unfair termination, Bouchillon, Crossan & Colburn, L.C. represents clients in federal court and before the EEOC, MSPB and in state and union grievance hearings. Call Bouchillon, Crossan & Colburn, L.C. at 304-523-8451 or contact us online to schedule an appointment.