Last edited:
Continue to Site
Did I say that at all? “Liking” a post and cursing out a customer couldn’t be further from opposites.I didn’t say it wasn’t going to “bounce back” on him in “some way”, nor did I say that I thought he should take some sort of action (I don’t).
What I said was that the First Amendment first doesn’t apply here. If we were taking about public sector employees it might be different, but we’re talking about a private business.
If my employee goes on Facebook and posts “the food at Piper’s Pizza sucks”, they’re getting fired. Their “freedom of speech” isn’t going to protect them. Maybe they’ll make some other sort of claim for wrongful termination, but I assure you it won’t be on First Amendment grounds.
Let’s say one of your employees tells a customer to “eff off”. I assume you won’t be firing that employee because they’re protected by the First Amendment?
I’m just using that as an example to demonstrate that the First Amendment doesn’t apply here.Did I say that at all? “Liking” a post and cursing out a customer couldn’t be further from opposites.
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.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.
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.I’m just using that as an example to demonstrate that the First Amendment doesn’t apply here.
Here’s what you originally posted:
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.