Social media has become a powerful tool for connection. But it can also wreak havoc for employers.
Employees sometimes use their platforms to complain about their company, supervisors and co-workers. Posts made outside of work hours can still cause headaches for businesses, especially if they reflect poorly on the business or border on harassment. Does a company have any options for disciplining an employee for what they say online?
The fine line between protected expression and misconduct
Employees have broad rights to express themselves online, especially when they are off the clock and using their personal accounts on their personal devices. However, there are limits to those rights. You may have grounds for disciplining an employee for their social media activity if they:
- Use it to harass or discriminate against co-workers
- Reveal confidential company information
- Create a hostile work environment
If an employee’s off-hours posts impact the workplace, the employer can step in.
While you can address their harmful conduct, both state and federal laws protect certain types of employee expression, such as:
- Discussing their wages or working conditions
- Expressing their political beliefs or engaging in lawful political activity
- Using online channels to disclose information about unlawful employer activity
Having a social media policy can help when it comes to disciplining an employee for their online behavior. It should clearly prohibit harassment, discrimination and disclosure of confidential information. However, the policy needs to avoid any language that could be interpreted as restricting protected speech. The policy also needs to be applied consistently to all employees. Failing to do so can harm your case if the employee pursues a discrimination or retaliation claim.
If you have concerns about an employee’s online behavior, you need to determine if the conduct affected co-workers, clients or the company’s reputation. Discuss the situation with a legal professional. They can help ensure that you are within your legal rights to pursue disciplinary action and not infringe on protected speech.