Reply to Fired for "disrespectful" Facebook post about my company!

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Hmm did you post/write it on work premises/time?[/quote]

Hmmm....does your employer allow you to use the internet or social media on work time for any other non-work reason?  If yes, then it cannot discriminate because you were using social media to engage in protected, concerted activity vs. posting about your family's BBQ this weekend.[/quote]

And if no?[/quote]

There are really two issues here.  One, if the employer has such a strict no-social media policy that it bans ANY communication with co-workers about working conditions, then the policy may itself violate the NLRA.  See the links I posted earlier which talks about overbroad social media policies.

The issue of whether an employee may use the internet/FB/social media on work time using work resources is a discrimination analysis.  If the employer has a valid social media/internet policy (i.e. cannot use internet for personal use during work time using work resources), and actually enforces said policy, then yes, an employee could be fired for posting on FB during work time.  In my experience, it is pretty easy to poke holes in an employer's claim that they have an enforced "no-personal use of internet" policy.   The vast majority of us who sit at computers all day are either explicitly permitted-- or essentially allowed-- to use the internet for personal use during the work day.  So it's pretty thin for an employer to start enforcing the policy ONLY when an employee is engaged in protected, concerted activity but not when she's using it to pay bills or order stuff on amazon.[/quote]

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