Using social media at work in the wrong way could result in termination. From FabianMedian.
Facebook has roughly 1.3 million daily users. With social media use at an all-time high, it’s vital that both employees and employers use social media at work in the correct ways.
The problem with using social media at work
Because many people have less of a filter when using social networks, ignorant posts do appear. If this happens at work and results in an employee firing, human resources will send a file to [MB1] the National Labor Relations Board (NLRB) for review and a ruling.
The NLBR uses the National Labor Relations Act (NLRA) to judge these cases. In 2013, Section 7 of the NLRA was quite significant when ruling on social media terminations. Essentially, it states, employees have the right to self-organize for the purpose of collective bargaining or other mutual aid or protection. Section 8, another important consideration in social media terminations, states that an employer shall not “interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7.”
A 2009 case
In 2009, Nurse Deborah Ehling posted a controversial personal viewpoint on her private Facebook wall. After more unsettling posts, one of Deborah’s coworkers shared screenshots of the posts with her manager. Deborah was suspended with pay as the hospital stated she was a danger to the patients. Deborah sued the hospital stating they violated the Stored Communication Act (SCA) which protects private communications from being transmitted and stored electronically. However, the court ruled in favor of the hospital, stating the intended audience was her coworker and the hospital neither paid nor asked for the posts.
Social media at work is becoming an important legal issue. From Sean MacEntee.
Takeaways from more recent cases
Protected concerted activity
- Dish Network suggested a proposal to ban employees from “making disparaging or defamatory comments” about the company during working hours. The NLRB ruled against Dish Network stating that this proposal would violate Section 7 by eliminating union activity.
- At Design Technology Group a collection of employees complained about a supervisor in a Facebook chat. Later that night, a manager saw the group chat and the employees were subsequently fired. The NLRB ruled that the employees should be reinstated because they were partaking in “protected concerted activity,” the legal term for employee activities not subject to employer retaliation.
Griping and boasting
- At Tasker Healthcare Group ten employees were in a Facebook group chat when an employee who was irate with a manager stated, “FIRE ME . . . MAKE my day.” Later that night, a member of the group chat showed the message to a manger and the outraged employee was fired. The NLRB supported this firing stating that the message was considered “griping and boasting” and not protected by Section 7.
What employers can learn
- Communicate to employees the dangers of posting controversial information on social networks
- Never ask employees for access to private social media posts
- Always consider whether a post may be protected under the NLRA or SCA