Every person who has applied for a job in the last ten years has probably heard that they should be careful what they post on social media. The risks to the applicant are obvious; posting something offensive or illegal could blow your shot at the job. But what about the risk to the employer? Contrary to popular belief, employers cannot just pour over an applicant’s social media accounts with impunity. Employers must be careful that their cybervetting does not give rise to discrimination or invasion of privacy claims.
Trash Talking the Boss Online: What Employers Need to Know Before Terminating for Social Media Misconduct
Okay, employers - pop quiz:
You own a sports bar and restaurant. One of your employees is mad when she finds out that she owes additional money in taxes. She claims you didn’t withhold enough of her earnings. She posts on Facebook: “Someone should do the owners of (your restaurant) a favor and buy it from them. They can’t even do the tax paperwork correctly.” One of your bartenders comes along and comments on the post, saying that she too owes taxes and calls you (the owner) “such an a**hole.” Then your cook chimes in and “likes” the original comment. (Triple Play Sports Bar & Grille v. NLRB).
Q: Who can you fire and why?