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Can I be terminated for posts on social media regarding my employers?

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Whether or not you can be terminated for your post about your employer on social media depends on what you post. If you post something that is racially inappropriate or that violates another employee’s rights, then the answer is ‘yes’, you probably can be disciplined or terminated for that.

If it’s generally about complaints about workplace rights, particularly if it’s done in concert or in connection with other employees, then probably not because that type of behavior might constitute what we call concerted protected activity. This is an evolving area of law. There are a lot of cases out there that talk about if an employee ‘likes’ a post of another coworker that says, ‘Hey, we need to change our-,’ ‘We need to get raises,’ or, ‘We should get treated better,’ or, ‘These days off.’ That’s a comment about the terms and conditions of employment. Even just by ‘liking’ that post, the employees are engaged in concerted protected activity, that’s protected behavior, and should not be retaliated against because of that communication.

That is a huge source of frustration for employers. As this area continues to evolve and we’ll see what the new president who comes in because that will directly effect how this area gets resolved since it’s decided by the National Labor Relations Board and that Board is picked, in large part, by the President.

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