You arrive at work on a Monday morning to find a flurry of emails. Over the weekend, one of your employees posted something on Facebook, Twitter, Instagram, or Snapchat that you feel is contradictory to your company culture, or was observed engaging in activity that you find offensive. You recall media reports of employees being suspended or terminated for social media posts or off-duty activities that conflict with the employer’s point of view. Can you proceed to termination?
Not necessarily. Your employee’s off-duty activity or social media post may be protected by the National Labor Relations Act (NLRA) or one of a number of applicable state laws. Under the NLRA, employees cannot be prohibited from publicly identifying themselves as employees of a particular business or complaining about the terms and conditions of their employment on social media. Several states prohibit employers from taking adverse action against an employee on the basis of that employee’s lawful off-duty conduct, political affiliation, or political activity.
Consult with myHRcounsel for help navigating the ins and outs of employees’ off-duty conduct and social media activity.