Posted on 03/25/2015 10:58:28 AM PDT by Olog-hai
Bosses can get mad when staffers vent on social media about their jobs, but they may not be able to get even.
When one of Bert Martinez’ employees posted gripes about her job and the boss on Facebook last year, the publicist consulted his lawyer, who said the staffer couldn’t be fired.
“The first lesson I learned is, employees are allowed to vent,” says Martinez, owner of Bert Martinez Communications in Phoenix. “If they're saying, ‘hey, it’s hard working here and I find this environment unpleasant’, you can’t fire them for that.”
The employee quit a week after Martinez learned about the post.
The government protects workers’ rights to say what they want about where they work, even if it’s in a vitriolic and insulting tweet or post. It’s illegal for an employee to be fired for a post about working conditions, whether it’s pay, hours, assignments, difficult supervisors, dress code, or any other issue. So employers shouldn’t try to restrict workers’ freedom of speech or retaliate if there’s a post they don't like. …
(Excerpt) Read more at hosted.ap.org ...
The boss can always “like” the comment. It would likely cause a little embarassment for the poster.
You’d have to be a dumb boss to not figure out another way to deal with the employee and to never acknowledge what you know about his/her social media postings.
I don’t see how anyone could be held accountable for an online posting by an employer.
I could setup a Facebook page using any name I choose. Should I be able to do that to get someone else in trouble at work? I could target a coworker I dislike, create a Social Network account using their picture, set it all up with enough personal information to be convincing, and put up a bunch of vile inflammatory postings regarding work that would get the person fired. I worked at a place where someone was fired over some Facebook posts. In this case, the employee really did it, but I raised the above question. What if it was someone pretending to be them, trying to get them fired?
Knowing this is so easily done, how can it be allowed? Employers should disregard such online activity, or not make decisions based on that alone, unless there is corroborating evidence that proves the employee in question did in fact make the post.
So true. Having worked in the Human Resources cesspool for decades, any employee can be let go. An employer can find some excuse, if truly motivated.
The problem with the “fire them for racist, homophobic, sexist views” is that too many people think that being a Republican = racist, a woman not wanting to share a bathroom with a man in a dress = homophobic, man demanding equal custody in family courts = sexist.
We’re close to having political segregation in the workplace.
Good enough, and makes sense.
However, employees need to know they may have a mard time getting promoted if they make dispariging comments. Think before you post, you’re not immune.
I know what you mean. I found myself in hot water with my boss, Director of H.R., when I refused to attend a “commitment ceremony” for a homosexual employee and her significant other. We weren’t ordered to attend; we were “strongly encouraged”. I wouldn’t go and my work atmosphere changed. Fortunately, I had only two years until retirement and I survived.
For refusing to attend the equivalent of a wedding? That’s insane.
Just don’t mention seeing it and get rid of them for smelly feet.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.