Social media has created new complexities for employment decisions. Can you fire someone for a social media post? What if they're complaining about working conditions? Understanding the intersection of social media, protected activity, and wrongful termination claims helps you navigate these modern EPLI risks.
When Social Media Posts Are Protected
Some employee social media activity is legally protected:
- Concerted activity: Discussing wages, working conditions, or organizing with coworkers (protected by NLRA)
- Whistleblowing: Reporting illegal activity, safety violations, discrimination
- Off-duty conduct: Some states protect lawful off-duty activity
When You Can Take Action
Termination may be appropriate when social media posts involve:
- Disclosure of confidential information
- Harassment of coworkers
- Threats or violence
- Clear policy violations unrelated to protected activity
- Conduct that damages business reputation (in some cases)
Frequently Asked Questions
Can we have a social media policy?
Yes, but it must be carefully drafted. Policies that broadly prohibit negative comments about the company may violate the NLRA. Work with an employment attorney to create a compliant policy that protects legitimate business interests without chilling protected activity.