I’ll need to find the file, and should I just copy & paste it here?
It may be a day or two for me to get to it.
Did I say that at all? “Liking” a post and cursing out a customer couldn’t be further from opposites.
I’m just using that as an example to demonstrate that the First Amendment doesn’t apply here.
Here’s what you originally posted:
Social media is protected by free speech laws. As much as it sucks, you could end up in court for firing the wrong person over something like this.
That is factually incorrect, and therefore poor advice and a common misconception of what the First Amendment actually does. There are many, many companies that have social media policies where disciplinary action or termination can take place for what the employee posts, even on their personal accounts. I happen to have quite a bit of personal experience with them.
I am not attempting to make any commentary on the business decision the OP should take; I am simply letting him or her (and any other reader that may stroll by here over the years) that what you posted is not correct.
The First Amendment protects you from going to jail for what you say, not from losing a job.
Do I believe somebody should be fired for “liking” a post? No, not in this field. But ask somebody working in the compliance department of a financial services company and you will get a very different answer. Those polices are extremely restrictive, and the First Amendment certainly doesn’t protect the employee.
The First Amendment does not give the employee a right to say/post anything without fear of repercussions from her employer. Employees get fired all the time for comments detrimental to what the company stands for. Recently an employee got canned because she tweeted a comment in poor taste about getting AIDs while in flight to Africa. She was fired as soon as she stepped off the plane. Athletes get fired/cut because of things they say, and it’s often things detrimental to the team, about a player, a coach, management, or other. I once fired someone for faxing a letter to a friend containing disparaging things about the company, including complaints showing a lack of respect for her boss. She wan not on board with the company, so she had to go. Otherwise it becomes a toxic workplace. Just be consistent, and the other employees will appreciate not having to work with a negative co-worker.
A business has a right to want Team Players in their work force. Complainers often leave, and have every right to find work more suited to their liking. They also sometimes get fired for their bad attitudes.
Employees have a right to free speech, and employers have a right to evaluate that employee based on the employees beliefs and how they exercise free speech. If it’s not a good fit for the company, that employee can be terminated in an “At Will” employment contract. Discrimination is a different story.
Still not sure? Contact a lawyer with the relevant expertise.