As the lines between online and offline conduct continue to blur, the question of how social media plays into one’s employment is a valid one. Can an employer fire an employee for something they saw on one’s Facebook, Instagram, or TikTok account? Can an employer refuse to hire someone because of one’s beliefs expressed in an online post?
In New Jersey, any employee who is not bound by a contract stating otherwise is considered employed at will. This means an employee can be terminated at any time for any reason. However, there is a line that cannot be crossed when it comes to termination, and that is for discrimination due to:
- Age
- Race
- Gender
- Sex
- Nationality
- Religion
- Disability
But do not be fooled by some misconceptions when it comes to an employee’s rights, such as the fact that all behavior or statements are covered by the First Amendment’s right to free speech. Essentially, the First Amendment allows government employees (federal, state, and local) to speak freely and publicly.
So, unless you are a public employee, your “rights” when it comes to statements made on social media while working for a private company are limited. Conversely, if your opinions, political statements, or beliefs in your personal posts make other employees uncomfortable or feel unsafe in the workplace, an employer has the right to terminate employment under the at-will umbrella.
What Laws Protect Employees?
However, not all privacy is lost when it comes to employees and social media. In 2013, New Jersey became the 12th state to enact legislation that prohibits employers from requiring employees to relinquish passwords or other information to access private social media accounts. The law further states that employers who violate the policy can be fined by the Commissioner of Labor and Workforce Development $1,000 for a first-time offense and $2,500 for any subsequent violations. The sanctions replace an employee’s right to file a personal lawsuit against an employer—which is not permitted according to this law.
Alternatively, the National Labor Relations Act does protect employees who share information with co-workers via social media to improve work conditions, while the New Jersey Conscientious Employee Protection Act prohibits employers from retaliating against employees who file potential violations and reference them on social media.
How Are Employers Protected?
Do not go mistaking these exceptions as an opportunity to spout off and make defamatory comments about a particular company, though. There are still certain parameters when it comes to social media policies and what is considered to be “fair game” in an employer’s right to access certain information. For example, accounts provided by or used by the employer for business are not subject to the above-mentioned social media privacy act. Additionally, employers conducting a work-related investigation may use certain information as it relates to employee misconduct or if it is determined an employee discloses confidential work-related information on a private social media account. And finally, anything that is considered public domain is allowed to be considered when it comes to assessing one’s character, so comments in a social media post or a blog can be used in some circumstances.
The South Jersey Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC Will Help
Given that New Jersey is an at-will state, the short answer is that social media can impact the status of one’s employment so long as the reason for termination is not considered discriminatory. If you feel you have been involved in a wrongful termination case, talk to the South Jersey employment lawyers at The Law Offices of Leo B. Dubler, III, LLC. Give them a call at 856-235-7075 or fill out an online form to request a free consultation. Offices in Mount Laurel and Atlantic City, New Jersey, proudly serve clients in South Jersey, including Cherry Hill, Burlington County, and Camden County.