Quantcast
750×100
Read WebProNews
With Friends!

Should You Be Fired For Bitching About Your Job On Facebook?

NLRB sets a precedent for employee free speech on social platforms

Get the WebProNews Newsletter:
Should You Be Fired For Bitching About Your Job On Facebook?

It won’t take much time on a “funniest of Facebook” site like Lamebook or Failbook to find someone railing about their boss or coworkers, forgetting that they had friended them during some Friday night booze-a-thon a few months ago. The results are predictable – the beleaguered parties see the posts and hilarity ensues.

Although it most likely remains a questionable decision to vent your workplace frustrations on Facebook, score one for those wishing to express their problems via social media.

Should employers have the right to discipline employees based on social media posts? Or do you think that an employee has a right to post what they want on their own time? Let us know in the comments.

The National Labor Relations Board has ruled in the favor of 5 New York workers that were fired because of comments they made on Facebook. The judge in the case decided that the social media communications of the workers were protected by the National Labor Relations Act, which allows for employees to freely discuss the terms and conditions of their employment.

The employees in question work for Hispanics United of Buffalo, a non-profit that provides social services for the poor in the area. They coordinate housing, deal with domestic violence victims and operate a food pantry.

In October 2010, one employee posted the following status on Facebook -

LC, a coworker, feels that we don’t help our clients enough at HUB I about had it! My fellow coworkers how do u feel?

She posted it from her home computer, on her own time.

That one post triggered a flurry of comments, in which many of her fellow employees joined in the fray. According to court documents, one employee commented -

Tell her to come do mt [my] fucking job n c if I don’t do enough, this is just dum

Another posted a more in depth response -

Lol. I know! I think it is difficult for someone that its not at HUB 24-7 to really grasp
and understand what we do ..I will give her that. Clients will complain especially when they ask for services we don’t provide, like washer, dryers stove and refrigerators, I’m
proud to work at HUB and you are all my family and I see what you do and yes, some things may fall thru the cracks, but we are all human :) love ya guys

The woman at the heart of the post, LC, eventually joined in the Facebook conversation herself. After commenting, she complained to her boss, the HUB executive director. Text messages indicate that LC told the executive director that the Facebook discussion participants should be fired or at least disciplined.

A couple of days later, the executive director did decide to terminate all of the people who participated in the Facebook discussion (except for her personal secretary). The fired employees eventually took their complaint to the NLRB.

The official ruling states that their criticisms of an employee’s performance are protected by law -

Employees have a protected right to discuss matters affecting their employment amongst themselves. Explicit or implicit criticism by a co-worker of the manner in which they are performing their jobs is a subject about which employee discussion is protected by Section 7. That is particularly true in this case, where at least some of the discriminatees had an expectation that LC might take her criticisms to management. By terminating the five discriminatees for discussing LC’s criticisms of HUB employees’ work, Respondent violated Section 8(a)(1)

The Judge ordered HUB to rehire the 5 employees and to give them back pay, as their original termination had been unlawful.

It’s unclear just how important this decision really is when it comes to free speech and social media. But one thing is for sure – there is now an official precedent stating that employees can discuss their working conditions on Facebook and other social media sites.

That still doesn’t mean that it’s always the wisest of actions, however. Employees and Employers that feel miffed can definitely find ways other than termination to enact retribution for certain social media posts. Maybe the best thing you can do is double-check those privacy settings.

Do you think that Facebook or Twitter is a proper place to vent workplace frustrations? Let us know what you think.

Top Rated White Papers and Resources
There are 124 Comments. Add Yours.
  1. Like (0) Dislike (0)
    ben Tardes

    You’re not going to be first on the promotion list if you’re ragging on Facebook about your job or your boss. That’s just fact. You got a problem? Deal with it professionally. Don’t air it on Facebook or Twitter. If one of my employees did that believe me, I’d FIND a reason to can their ass, and it wouldn’t be bc of Facebook. If they’re doing that (on their time or on my time) then they’re not giving 100% to the job in other areas and that should be easy to figure out. We have a Facebook Free zone at work…we bill our clients in quarter hour increments so NO ONE gets to tweet or check their stupid Facebook wall while I’m paying for their butt to be in the chair, and my clients are being billed for the time. PERIOD.

    Reply
  2. Like (0) Dislike (0)
    karabush

    I believe that the HR pencil pusher should be in jail not in general population and further there should launch a labor department investigation on the company that heirs this trailer trash hillbillies wan bees.
    O insolently I am a CEO and far from worry of this thugs attempting to fire me , the company should be ashamed of them salves to allow someone to be fired by trailer trash this refers to any HR individual that intends to put a family on starvation because of their ego that they poses authority again to the company SHAME ON YOU.

    Reply
    • Like (0) Dislike (0)
      An nguyen

      CEO of what? Clearly you weren’t properly schooled.

      Reply
      • Like (0) Dislike (0)
        karabush

        To: An nguyen
        The Judge ordered HUB to rehire the 5 employees and to give them back pay, as their original termination had been unlawful.
        You probably were kissing up to your HR? I presume that this is your answer for the, for what CEO, it does not concern you, unless apparently you must be one of those HR I mentioned earlier Don’t be to concerned about my education watch out for your boss ?

        Reply
        • Like (0) Dislike (0)
          karabush

          Are you one of my employees? I will have to look in to that and peruse it from their??
          Pity I thought you wear Fired.

          Reply
      • Like (0) Dislike (0)
        Karabush

        Well, Well, An, so you play games with other peoples email, that is illegal further you will be answering to the authorities that deal in this manners with people that pursue theft identity and forgery , sending emails with someone else’s email address is illegal perhaps you know this already so you say are educated will see about that , O all the emails you forged with my name returned with your name.

        Reply
  3. Like (0) Dislike (0)
    joe

    The one time I saw an employee comment on facebook they called their direct supervisor names and used a lot of slanderous foul words. The majority of what they said was not true and easily backed up by employee records. It caused issues within the work place and why should that be encouraged? The bottom line, if you don’t like your job, quit. if you have a problem with somebody at work handle it like an adult and address it with your supervisor. If you think blasting something on the internet is going to further your career or make your life easier at work I fear you are sadly mistaken. I would say if you go complaining about any aspect of work on social networks your days will be numbered, your employment will end. the odds are if you are the type of person to complain about work publically, you are probably the type of employee that can easily be fired for some reason or another several times over. Go to work, do the job you are paid for, smile while doing it, go home and live your life leaving work at work until you return the next morning. Be thankful you are employed and stop thinking the world owes you something for being born into it.

    Reply
  4. Like (0) Dislike (0)
    janchan

    To me, the problem here is that the person who posted on FB was reporting what someone ELSE had alledgedly told him or her–and naming that other person. If I were LC, I’d be ticked, even if I had said what this person reported. If I were LC and didn’t say what this person reported, I’d be even angrier. The person who posted had no right to use this person’s name without her permission in a post that even mildly criticized the place of her employment. If this isn’t addressed on those grounds, then there’s nothing stopping jealous or vindictive co-workers from posting that people they want to be fired said things that they never said–and employers who aren’t on to the game erronously firing the innocent party.

    So far as posting your own negative thoughts about your employer on your FB account, well, that’s just stupid. As noted in the article, even if an employer is forbidden to fire you based on what you say about them on your private FB account, they will find other ways to get retribution.

    Reply
  5. Like (0) Dislike (0)
    SEO Expert

    If you’re stupid enough to post negative things about your job on ANY public forum, yes, you should be fired!
    Oliver

    Reply
  6. Like (0) Dislike (0)
    An nguyen

    I say yes your job can take actions cause most company made their employees sign a policy statement about social media.

    Even if their is no policy you are bad mouthing the people that are providing you employment. If you know or can do a better job then your employer then start your own company and stop wasting your time and theirs.

    Reply
    • Like (0) Dislike (0)
      karabush

      The official ruling states that their criticisms of an employee’s performance are protected by law -

      Employees have a protected right to discuss matters affecting their employment amongst themselves. Explicit or implicit criticism by a co-worker of the manner in which they are performing their jobs is a subject about which employee discussion is protected by Section 7. That is particularly true in this case, where at least some of the discriminatees had an expectation that LC might take her criticisms to management. By terminating the five discriminatees for discussing LC’s criticisms of HUB employees’ work, Respondent violated Section 8(a)(1)

      Reply
  7. Like (0) Dislike (0)
    anthony

    I personally believe ppl posting comments on thier on free time is none of Anyones business weather it be a workplace, a school or so on…if its at work/school then yeah but home is home! Free time is free time! This is the US for gods sake! If say even a kid posts something at home it should be the parent & not the school who punishes that child! Overbaring new world orderians need to back the hell off!

    Reply
  8. This is part of the “Free Speech” disaster.

    I don’t know of any place where employees don’t b**** about everything to do with the job. It’s part of the landscape, and employers would be worried if it didn’t happen.

    BUT.

    Thomas Tucker says: “Work uniforms are only for work. Problems and frustrations regarding work should be left within the workplace.”

    I totally agree. Facebook (like all social media) is a “public place” unless it is proven that all concerned have pulled the shutters down.

    And that means the management have the right to discipline, perhps fire, employees who publicly badmouth the company. As others have written, those who have problems have within their workplace the means of redressing grievances — even if that means resigning their jobs.

    Gordon.

    Reply
  9. Like (0) Dislike (0)
    Shannon

    Facebook is not the APPROPRIATE place to discuss anything, yet it is a popular forum for addressing all sorts of things. Social media sites will continue to create issues in many aspects of life because most people utilize them, and there really aren’t any rules. IDK if we need rules, but IK that in general we live in a society where most people have lost a sense of decency and concern for others. Social media plays a big role in encouraging this. I just think it is sad on many, many levels.

    Reply
  10. Like (0) Dislike (0)
    Roger L. Owen

    The employee has no right to tarnish the image of the company that they work for. Not even the President or the CEO of that company…

    Reply
  11. Like (0) Dislike (0)
    Duncan

    I think that posting negative comments about work is unprofessional and unwise. Even if you can’t be fired, you still have to work with these people. It is like shooting yourself in the foot.

    In this economy there are so many people who would be happy to have your job, that you should be grateful and “roll with the punches”.

    Reply
  12. Like (0) Dislike (0)
    Paul A. Toth

    As I assumed, this nation is in a pre-fascist period, and you’re all conductors of the economic genocide train. I won’t censor a word I write or post online to satisfy any employer, and if they don’t like it, they’ll pay my ticket one way or the other. They have no ethics when it comes to making profits; therefore, I have no work ethic. One day, all the dictatorial genital-swinging boss types will face the wall, where they belong, and with their noses in the air they’ll soon smell their own blood.

    Reply
  13. Like (0) Dislike (0)
    sheldon

    Only in a Police State like the USA

    Reply
  14. Like (0) Dislike (0)
    KapnKracka

    If my employer paid the bill for my Internet, purchased the computer that I use, and also paid for the electricity that powers it. No I would not have an issue being let go for something I said online Facebook or were ever. But they don’t, and they need to stay the f*** out of my personal life. Because they will not want me in there’s. It would be unfortunate for me to show up to the bosses church, drunk and stoned, and I’m not into picking up hookers.l, but for this occasion I would.
    For an employer to invade a persons personal space which does include the Internet. Most employers do not allow the use of Facebook in re work place. Then how can Facebook end up getting you fired. If you want to botch about work, who cares. most jobs suck ass but we go and do them and put that fake smile and brown nose on. And it’s not fun. We have to vent to avoid blowing up a work. Stay out of my shot boss man. Or we can get into yours an I’m sure your squeeky clean, but let’s find out.

    Reply
    • Like (0) Dislike (0)
      KapnKracka

      And from the few prices of this conversation, it sounded like a group of employees were upset that the people they try to help still find a way to complain they are not doing what they need. Which can be very discouraging when you want to help, and the ones that need help complain about the services they are getting for free are not exactly what they need. I know I wouldn’t get fired for some Facebook bs, but I would get fired for explaining how I feel about there particular grip. I know it’s tuff right now, and to the company’s that are trying to help we should be grateful the person running that has not let this worlds greed and corruption get them. Could you imagine if every company willingly gave 1 dollar for each employee they have how many people that truly need help would get it.

      And why didn’t this place instead of firing the people, collaborate with them to find out what there grip is, and if it’s something that they could offer those that need help and would benifit the people they are helping. and make it a little more enjoyable and rewarding for there employees. That would e the right thing to do, but it’s not always easy to what’s right, or profitable. But it’s what you should do any ways.

      Reply
  15. Like (0) Dislike (0)
    KapnKracka

    And am I reading this right, the girl that posted the initial post is the same one that complained to the boss and caused those that posted on here comment to be fired? If I am that girl should e let go for starting the conversation, and mainly for being a snitch. And the worst kind, she basically intiated the actions that she was snitching about.

    Reply
  16. Like (0) Dislike (0)
    Danleno

    If the job bugs you leave!!
    The guy is paying your wages so take your problems to him. You owe him a certain amount of loyalty and slagging the company off in public is not the way to show it.

    Reply
  17. Like (0) Dislike (0)
    Jones

    I’m not a FB user so for me the question that is posed doesn’t apply…Here is my two cents though, why would anyone want to put anything about their work on FB, I mean, you never know who the heck is viewing it, right? Even if you have the settings on private to where only your private circle of friends can view it, what if one of your co-workers is one of the people that can see your posts? What happens when they blurt something about your FB post at work and it gets back to people that you didn’t want it to? It always amazes me when I hear stories of how people post their private lives on FB for the entire world to see, and then something happens to them…People need to wise up!

    Reply
  18. Like (0) Dislike (0)
    Steve LaCroix

    Why do you people keep mentioning a “contract”??
    The original topic never mentioned a contract, and MOST employees do not have any form of emplyment contract.That is the reality here.
    In most states, employees are considered to be “at will” which means they can be fired anytime with or without cause. Which means in MOST states, you do not need a reason to fire an employee. I’m not defending that practice, or the law, but that is just the way it is. Thank your crooked politicians and big business special interests for that.
    However, I do firmly believe that anyone who airs company business openly in a social media forum should be fired, or at least reprimanded and instructed to cease such activity.
    Remember, as an employee, you DO NOT have a “right” to a job.
    Your employer is free to do business as they see fit and act in the best interest of that company.
    If you don’t like that, you are free to open your own business as I did.
    Problem solved.

    Reply
  19. Like (0) Dislike (0)
    Sue Brittain

    Alot of these guys are right. Any one can read your posts on Facebook or any where else online. If you like getting a steady paycheck – don’t be broadcasting why you don’t like your job. Because, You will like being unemployed even less

    Reply
    • Like (0) Dislike (0)
      Adele

      My thoughts exactly Sue!

      Reply
  20. If you are using social networks on your own time and not an employers expense then you should certainly have a right to express yourself. The last time we looked in America we still have freedom of speech!
    On the other hand, it’s a wise idea to be careful about what you post
    as it’s on the internet for all to see.
    In today’s economy and with jobs so scarce in the first place why give an employer a reason to think badly of you?A smart person would be posting about what a great employer they work for and how happy they are to be part of the team:>)

    Reply
  21. Like (0) Dislike (0)
    jan geirnaert

    no you can’t fire a person based on comments they said about their job, however you can challenge them during in house sessions in the company and asking them what causes them to make negative comments or any comments at all. it depends on the job also. the same can be said about people talking to their wife, friends on in the pub… what are you going to do record all conversation and send them in mp3 to the human resource department ?

    Reply
    • Like (0) Dislike (0)
      Steven

      Well, yes you actually can get fired. Like if you said “My company sucks, they sell bad products”, but not if you simply said something like “I hate my boss”. You have to be careful what you say and what it’s about. If it’s like the example given in the article that’s not a reason to fire somebody. But I agree that employers should discourage people from saying bad things about their coworkers and the company by calling them out in an employee meeting and asking why it’s going on. Who would post a comment related to work if they knew they would be called out for it in an employee meeting? Not me!

      Reply
  22. Like (0) Dislike (0)
    jan geirnaert

    a picture of a funny situation at work should be okay, just a matter of greying out the faces… of course the rules and regulations apply and there are always social norms to take into account. there in lies the problem, internet is entertainment and it’s global. and not everything is funny for everybody. people need to be protected also and held accountable for their actions. this is a problem now with the internet. you don’t really know who published what

    Reply
  23. Like (0) Dislike (0)
    Steve LaCroix

    Jan, what state do you live in??
    You must live in one of the 6 states in the United States that is not an “at will” employment state.
    Other than that, employees are “at will” in most states and an employer does not need a “reason” to terminate an employee.

    Reply
  24. Like (0) Dislike (0)
    Rhonda

    Facebook or any other social sharing network is off limits to employers or their management for judging work performance. On the other hand, if a person is being harrassed in any way by a co-worker on FB, that is harrassment and should be addressed by management. You should not be judged for your work performance by any other means than what you do at work much less be fired for sharing your thoughts, that is what FB is about. Being fired for it is when a good lawyer would come in handy!

    Reply
    • Like (0) Dislike (0)
      Steve Lacroix

      Rhonda, you are living in an alternate reality.Employers can judge your performance or suitability to retain employment in any manner they choose. Certainly NOT “off limits” as you stated. You are obviously clueless. And, anything you post online is NIOT subject to any privacy laws or protection. A lawyer wouldn’t be able to do anything for you as no law would be broken. Perfectly legal to fire an employee. You should learn the law before spouting jibberish.

      Reply
  25. Like (0) Dislike (0)
    Gary Z

    What do you call people who pee in their own bed?

    Reply
  26. Like (0) Dislike (0)
    Rev. Ej Grant

    Employees should have a right to privacy, however facebook is public information basically. If an employee is saying things that is lowering the integrity of the company, they should be reprimanded for it at the minimum depending on the content.

    One rule that works for me is never put personal business in writing; including texting, email, or facebook.

    Reply
  27. Like (0) Dislike (0)
    Steve LaCroix

    Newsflash! It is very common for employers to search the web, including social media sites as a PRE-HIRE tool to determine if they want to hire you or not. AND, employers commonly search the internet including social media sites to monitor behavior of it’s current employees. This is commonly accepted and perfectly legal. Don’t think for a minute that things you post or even sites you visit online are “off limits”. You are delusional if that’s what you think. I worked at a very large corporation with 8 subsidiaries, and a Fortune 100 company, and they had a full time staff of about 6 managers that did nothing but scour the internet for posts about the companies involved and it’s employees. Yes, it sucks, but common practice and NOT a “privacy” issue. Perfectly legal. Anything posted in a public forum is NOT protected by any privacy rights or laws. THINK!

    Reply
  28. Like (0) Dislike (0)
    Iris A

    I own an online language school in Costa Rica. I never make fun of my students if they make mistakes when learning English or Spanish. I most definitely do not talk about my students on Facebook or Twitter.

    Reply
  29. Like (0) Dislike (0)
    Best GPT

    Well you can be fired for complaining about any job.It is all about employee moral. if you have one person b****ing about there job it can spread like a virus.I agree yea if you complain to much about your job employers have a right to find someone else who may enjoy the job.

    Reply
    • Like (0) Dislike (0)
      Roe

      That is a legitimate concern. We’ve let someone go for displaying a very bad attitude about the work she was doing. Bad morale can be infectious and sometimes you have to cut off a diseased limb to save the body.

      Reply
  30. Like (0) Dislike (0)
    Steve Lacroix

    I was wrong. Only 7 states are not “at will” in regards to employment.
    6 states + Florida which has supplemental rules., so 7 states are “at will”.
    Specific states

    As of October 2000,[19] forty-three U.S. states and the District of Columbia recognize public policy as an exception to the at-will rule.[20]

    The 7 states which do not have the exception are:
    Alabama
    Georgia
    Louisiana
    Maine
    Nebraska
    New York
    Rhode Island
    Florida – with exception[21]

    Reply
  31. Like (0) Dislike (0)
    Steve Lacroix

    Food for thought. There is nothing stopping an employer for suing the employee here. Any communications regarding the internal operations of a company can be considered confidential. Think about that.

    Reply
  32. Like (0) Dislike (0)
    Andrea

    What? Did the company non have a non-disclosure and a social media policy that would protect the company from such damage and internal business matters being aired to non employees?

    Reply
    • Like (0) Dislike (0)
      Steve Lacroix

      It makes no difference, legally speaking. They do not need a written policy. Did you read any of my “at will” employment posts?? Makes no difference whatsoever. And, any employee wanting to sue would have to do so at their own expense, as the labor board will not represent you in a civil case. I have extensive experience in labor issues. I have personally taken these cases to federal court, and prevailed while representing myself. The most any government agency will do on your behalf is an investigation, then if they find substantial wrongdoing, they will issue a “right to sue” letter which you have to act on legally within 90 days.

      Reply
  33. Like (0) Dislike (0)
    Obdurate

    I wonder what the NLRB’s decision would have been if the supervisor had posted her gripe about the employee’s on facebook?

    It seems the employee’s can b**** about the company, but if the company reveals anything about the employee – that’s supposed to be kept confidential as an HR matter – and the employer loses.

    It’s no wonder there aren’t any companies who want to hire.

    Reply
    • Like (0) Dislike (0)
      Steve Lacroix

      The NLRB has absolutely no jurisdiction on that issue. The NLRB engages in matters regarding union issues like certification, decertification, etc. Don’t confuse the NLRB with the labor board. They are different agencies altogether.

      Reply
  34. Like (0) Dislike (0)
    kevinbrandt94

    Really nice blog site. It’s really helpful for me, and most likely also for another people who also visit your site. Thanks.
    sioux falls dental

    Reply
    • Like (0) Dislike (0)
      Roe

      You suck at life, Kevin.

      Reply
  35. Everybody bad-mouths his or her boss one way or another. It’s human nature.

    I don’t know but giving some kind of disciplinary action for something said over social media reminds me of the old U.S.S.R. or North Korea.

    I think venting frustrations over the social media is better than doing it some other way.

    Reply
  36. Like (0) Dislike (0)
    Rich

    i dont think you should be fired, but each case should be treated differently. It all depends what the comments are, are they libelous or suggest laws have been broken? Or is it just the opinion of one worker who has a moan about their boss or their employer? The employee’s friends may include customers or employees or rival companies if so it could be very damaging.

    Reply
  37. Re:Should You be Fired For b****ing About Your Job….?

    Most folks are holding positions that they should not….from the outset!
    Airing out one’s grievances online is not the way to do it, because first and foremost it is coming from your side of the coin only, without taking into consideration management’s view on the matter! Once you bring your case online….it is already out there, and you cannot take it back. The damage is done! If you are wrong, and have given your Company a bad publicity (in addition to being wrong)by your action, you leave the company no choice but to terminate your appointment. Obviously it pays to consult your immediate superior and supervisors when the matter arise initially, try and resolve the issue internally prior to going public with it! The Old adage, “Think before you Act” comes very handy here! Who needs bad publicity from an employee who has no loyalty….from someone who does not appreciate the recent and prevailing unemployment figures? One doesn’t need a rocket scientist to explain the facts of life in this economy as most are struggling, barely to make ends meet! Why on earth would anyone want to create enemies with their employer? Hello…?

    Reply
  38. Like (0) Dislike (0)
    Sangroom

    good post

    Reply
  39. Like (0) Dislike (0)
    DR Byrumstien

    There is always going to be some weasel to see if they can accelerate into the good graces of management by blowing the whistle on workers that defame the doings and craziness of bosses, leadership, or customers. I feel this is venting, which is healthy. If you do not allow people the freedom to vent, they will eventually take action againt their villian.

    Reply

What do you think? Respond.

Your email address will not be published. Required fields are marked *

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>