Can I get fired for something I posted to my personal Facebook page? It really depends on the circumstances…
Take the case of the former employee of a medical transport company located in Maryland who complained on Facebook that her termination of employment was unfair. One of her former colleagues, who was still employed at the company, saw her post and suggested in response that she get a lawyer or contact the Labor Board for help. Sound advice.
Of course, as these things go, the back and forth on Facebook caught the eye of the employer who promptly fired the employee for violating its social media policy prohibiting comments that discredit or damage the reputation of the company. But that is not the end of the story.
Federal Law Protections for an Employee’s Activity on Social Media
At the behest of his attorney, the employee took it to the National Labor Relations Board who ruled that the online advice given was protected under the National Labor Relations Act because the employee responded to the post for the “purpose of mutual aid and protection” which is protected under the National Labor Relations Act.
NLRB Overturns Firing Based on Facebook Post
The Board ruled that being dismissed unfairly is a potential concern to all employees, who are obviously concerned with job security, and therefore, the post could not be the basis for discharge. The fired employee was ordered reinstated with back pay to boot.
Fired for Social Media Post
Contact an Iowa Wrongful Termination Attorney
Postings on social media such as Facebook or Slack have landed plenty of employees in hot water. However, as seen in this case, you may be protected from losing your job depending on the circumstances of your case. If you are fired from your job or have had other negative actions taken against you in the workplace in retaliation for your activity on social media, it is very important to work with an experienced employment law attorney. Contact the Iowa wrongful termination Law Offices of Marc Humphrey for immediate assistance today at (515) 331-3510.
