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What does the NLRB say about social media in the workplace?

What does the NLRB say about social media in the workplace?

The National Labor Relations Board (NLRB) has reversed the decision of an administrative law judge (ALJ) and held lawful an employer’s social media policy prohibiting disparagement of the company and others, “inappropriate communications,” disclosing confidential information, posting photos of coworkers, or using the …

When it comes to social media what should employers recognize as protected concerted activity under the NLRA?

You have the right to take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, or seeking help to form a union. Using social media can be a form of protected concerted activity.

Do labor laws protect employee posts on social media?

Can employees post social media complaints about their jobs? Yes. The National Labor Relations Act (NLRA) and similar state laws protect employees’ rights to communicate with one other about their employment.

Can you get fired for an Instagram post?

While every case is different, employers, in general, can fire employees for what they post on social media. Especially if you were posting to social media during work hours, employers have broad leeway to discipline you for spending your work time socializing online.

Can I get fired for what I post on social media?

Since California is an at-will employment state — and California Labor Code 2922 states that at-will employees “may be terminated at the will of either party on notice to the other” — employers can fire employees for anything, including their social media posts.

What kind of social media posts are protected by the NLRA what kind of posts are not protected?

Employee social media postings that do not constitute concerted activity—including comments made solely by and on behalf of an employee, or “mere griping” without an appeal to take action—are not protected by the NLRA.

Is it a violation of employee rights if their employers monitor their speech on Facebook or other social media websites?

By blocking all access to social media by employees, an employer may run the risk of violating federal labor laws. In the United States, under Section 7 of the NLRA, any monitoring of social media use (and related policies) must account for the rights of workers to engage in protected concerted activities.

Can you terminate an employee for social media posts?

Can you legally be fired for a Facebook post?

In short, yes, you can be fired for what you post on social media like Facebook or any other site. However, there are certain laws that limit the extent of an employer’s right to fire or discipline employees for what they post online.

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Ruth Doyle