What you do outside of work can affect your continued employment. Employers have taken action against employees who have made certain posts on social media. In some cases, their actions have even survived scrutiny from the court when employees have filed a lawsuit. However, you may be able to successfully sue an employer when they have fired you or taken disciplinary action based on what you have posted on social media. Nonetheless, you need to be careful about your posts and always remember that they could come back to haunt you in many ways.
Although you generally have freedom of speech to post what you choose on social media, your employer also has their own considerations about what you may say in public. Even if you are posting in your own personal capacity, there is still a chance that you may get into trouble with your employer based on what you say. It is entirely possible that you could end up in hot water over something that you say on social media, even if it is completely unrelated to your job.
Certain Types of Posts Are Protected Under Federal Law
Ironically, you may have even more protections when you discuss your actual job on social media. The National Labor Relations Act (NLRA) allows employees to address things like work conditions or their wages on social media. You have the right to enlist other employees in your workplace efforts. In fact, social media can be a valuable tool for both unions and those who are engaging in protected activities.
The restriction is that you are not allowed to post information about your employer that is offensive or deliberately false. You cannot disparage your company’s product or services unless there is a tie to your specific concern about your conditions on the job. Nonetheless, your employer may try to silence you by taking action against you for what you have posted on social media. Under federal law, you are allowed to sue your employer, seeking damages if they have gone too far.
Personal Opinions Can Land You in Trouble
The line can become murkier when you are expressing your own personal opinions. In general, your employer has some right to limit what you post on social media, especially with regard to hot-button issues.
Remember, you may be an at-will employee. Your company has a broad right to terminate you so long as it is not discriminating or otherwise acting in violation of state or federal law. If you have posted something on social media that may be considered offensive, your employer could potentially fire you. No matter how much you believe that your free speech rights are absolute, they do not generally apply in the employment context.
You Can Sue Your Employer for Wrongful Termination
Nonetheless, there is a possibility that your employer could have gone too far if they fired you for a social media post. They could disagree with the content of your post in a manner that is discriminatory. For example, if your post is based on your membership in a protected class, your employer would need to tread very carefully if they try to take action against you. Conceivably, your post on a controversial matter could intersect with your membership in a protected class and possibly allow you to file a lawsuit.
Contact a South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC for Help With Your Claim
If you have been wrongfully terminated or disciplined at your job, a South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC can fight for you. Schedule a free initial consultation by calling 856-235-7075 today or completing the online form. With offices in Mount Laurel and Atlantic City, New Jersey, we serve clients in Cherry Hill, Burlington County, Camden County, and South Jersey.