Can your employer fire you for your social
media activities?
Understanding the impact social media use
can have on your job is more important than
ever
Social media usage in the workplace is a
common occurrence. While the vast majority
of employees use social media responsibly,
others utilize social platforms to express
negative opinions, harass coworkers or
badmouth their employers. In these cases,
the individual behind the post, video or
tweet may be terminated for their actions,
especially when the content reflects poorly
upon the company.
It is important to know your company’s
social media policies
In recent years, many organizations have
taken steps to prohibit the negative use of
social media, including the creation of
company policies governing the subject. The
most common social media activities
prohibited by an employer’s social media
policies include:
-
Derogatory comments about the
employer: Comments regarding your
employer or the quality or product or
service they provide, may be viewed as
grounds for termination. Whether the
post was made on a public forum or on
your private portal, your comments may
be against your employer’s policies.
-
Comments about coworkers: Few
employers look kindly upon employees who
make derogatory comments regarding
coworkers. Such actions can negatively
impact employee morale or create
dangerous rifts between coworkers – each
prospects that may result in issues for
the company as a whole and the victim as
an individual.
-
Harassment of a coworker:
Workplace harassment is prohibited under
the Human Rights Act. That protection
extends to nearly every mode of
communication, including social media.
An employee who harasses a coworker via
social media is likely in danger of
termination.
-
Discriminatory comments:
Employers are often committed to rooting
out discrimination before it becomes an
issue. While it is your right to
maintain your own thoughts and ideals,
the transmission of discriminatory
content via social media may lead to
your termination.
-
Distribution of trade secrets:
Many employers place strict limitations
upon the distribution of any information
regarding the company’s operations or
trade secrets. When even a small
security leak can damage an
organization, employees who deliberately
or accidentally share trade secrets via
social media may face termination.
-
Lewd or illegal activities: An
employee who shares content displaying
or describing their participation in
lewd or illegal activities may be
terminated. In most cases, such actions
are prohibited under human resource
policies – even a suspicion of a
prohibited activity may be grounds for
termination.
It is important to note that an employer may
terminate your employment for any of these,
and many other actions on public and private
social media channels.
Is social media activity protected under the
First Amendment?
The debate regarding freedom of speech and
social media usage is likely to rage on for
years to come. The distinction between an
individual’s freedom of speech and their
freedom from termination is a less
convoluted topic, however. While it
certainly may be true that you have the
freedom to post your thoughts, regardless of
their content, on any social media site you
wish, your comments may still be used as
grounds for termination. Since New York is
an at-will employment state, your employer
may fire you for just about anything,
including social media use that they deem
inappropriate. In the end, you have the
right to express your thoughts. You just
don’t have the right to keep your job if
your thoughts negatively reflect upon your
employer or coworkers, or your actions
violate your employer’s social media
policies.
Discussing your social media issues with a
New York employment lawyer may be helpful
If you have been terminated in a manner you
think is unfair, it may be helpful to
discuss your situation with an experienced
attorney. The
New York employment attorneys at
Hepworth, Gershbaum & Roth have advised
countless clients on matters relating to
social media usage and termination. After
listening to your concerns, our attorneys
offer personalized advice on any legal
option you may have to resolve your
situation favorably. To schedule a free
consultation with one of our New York
employment lawyers,
contact us online or call 212-545-1199.
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