My job sucks and I hate my boss.

Those are not the words, as an employer, that you want to see an employee broadcast anywhere, especially not on widely-disseminating social media sites like Facebook. Unfortunately, a complaint filed by the National Labor Relations Board argues that there are limitations to controlling employees’ Facebook speech.

So, can a boss fire employees for Facebook work criticism and complaints? The NLRB would argue no, so long as other co-workers joined in on the protected “concerted activity.” This happened recently when a disgruntled employee complained about her supervisor on Facebook and many of her co-workers chimed into the discussion. She was ultimately fired for her comments. According to the NLRB, her comments were protected by the First Amendment.

If, as an employer, you are considering banning all social media posts about the workplace: tread lightly. Best to craft a policy that is narrowly tailored while not banning all online activity.

Related Resources:

  • Company Accused of Firing Over Facebook Post (New York Times)
  • Employment Law 101 (FindLaw)
  • The Supreme Court Finds No First Amendment Protection for Government Employee Speech Pursuant to Official Duties (FindLaw’s Writ)

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Civil Rights

Block on Trump’s Asylum Ban Upheld by Supreme Court

Criminal

Judges Can Release Secret Grand Jury Records

Politicians Can’t Block Voters on Facebook, Court Rules