Attention employees: what you say or do – even outside of normal working hours – could get you fired.
This is especially relevant for workers today, given the wave of protests and recriminations over social media posts related to tensions in the Middle East, presidential elections, and hot-button social issues other. Workers may think they have more protections than they actually do, which could lead them to say or do things that get them fired.
Nicole Page, a partner at Reavis Page Jump, a firm that represents employees and workers, said: “It’s important for an employer to say, ‘You represent us; we think that behavior reflects negatively on us and so you are fired'”. employer in employment matters.
That doesn’t mean there won’t be legal disputes over layoffs, such as Google’s recent case. laid off 28 employees in April following a series of protests over the company’s labor conditions and contracts providing the Israeli government and military with cloud computing and artificial intelligence services. This comes a day after nine Google employees were arrested for trespassing after staging a sit-in at the company’s offices in New York and Sunnyvale, California, including a sex at the office of Google Cloud CEO Thomas Kurian. The fired employees have applied complaint with the National Labor Relations Board.
Employment lawyers say the outcome of these types of cases depends heavily on the specific facts and circumstances. And there aren’t always quick solutions, making it even more important for workers who want to protest political or social issues to know what they might encounter – before they take action. in a way that could have long-term consequences.
Here’s where to start understanding employee rights versus company rights to discipline workers up to and including firing:
Remember: The First Amendment does not apply to private sector workers
Many people who participate in protests, sit-ins, or make incriminating statements on social media may think that the First Amendment gives them a layer of protection, but the U.S. Constitution places limitations to the government but not to private sector employers.
Workers who think they have impunity when it comes to free speech and employment laws are wrong. In fact, bosses may have a legitimate reason to terminate their employment.
Broadly speaking, the federal government is not allowed to limit your ability to speak, but the same is not true for private employers, Page said. However, there are some state laws that protect employee speech rights, and there are certain protections for union members, who have some built-in protections under the Trade Union Act. National Labor System. That includes the ability to talk to co-workers about joining a union, hand out materials about joining a union (in non-work areas during non-work hours), register petitions with co-workers in non-work areas and during non-work hours. Sometimes, join with colleagues to improve working conditions in the workplace.
Workers also have the right to speak up about illegal conduct by their employers that harms them or other workers, such as discrimination, said Jahan Sagafi, partner in charge of Outten&. treatment, harassment, wage violations and opposition to union efforts to improve conditions. Golden’s office is in San Francisco, where he represents workers in employment class actions.
Know how ‘pro-worker’ your state is
Many states have agencies equivalent to the federal Equal Employment Opportunity Commission and the Department of Labor to protect workers from discrimination and other workplace harms. You can find them by searching your state’s name along with “fair employment practices agency” or “department of labor.”
Sagafi said some states are known to be more pro-worker, including on speech issues, including California, New York and Illinois.
For example, in California, there are protections for employees expressing political views, which have been interpreted broadly, especially when an employee can demonstrate, for example, that the employer has a pattern of discrimination when it comes to that employee. In many cases, courts have allowed cases to proceed to summary judgment because there were questions of fact important enough to allow the case to proceed.
Make choices that go against ‘common sense’ to protect yourself
Discipline and dismissal always carry risks. But there are things you can do to protect yourself.
First: Use common sense and don’t cause trouble at work, Sagafi says. Don’t plan to protest social change on a company basis or on company time or using company resources. “In general, companies have the right to maintain an orderly, inclusive and productive environment for everyone,” Sagafi said.
Second, limit the extent to which your actions can be attributed to the company. “You don’t want to make it seem like you’re speaking on behalf of the company, because the company may be concerned that its image or brand is being tarnished,” says Sagafi.
“If you work for a company whose biggest customers include oil giants and you chain yourself to a tree because you oppose oil drilling, you could be fired for that”.
Simply attending a protest may not rise to the level of a shooting, but if you post publicly or have a photo of you holding a sign or throwing something or even just posting something on social media like “I hate oil,” she said, adding that it could be a valid reason for a company to fire you.
It can be difficult for employees to know every customer in their company, let alone rank them in order of importance, but again, common sense still applies. If you know your company is involved or heavily invested in a particular industry and you criticize it very publicly, legal experts say you could be fired.
Finally, the employer has a much better case to show a valid business reason for termination if the employee violates the law, acts violently, incites violence or makes statements things that are hateful, violent or blatantly discriminatory, said Devin McRae, a partner at Early Sullivan Wright Gizer. & McRae. Also, don’t quit your job without permission and don’t lie to your employer by taking sick leave, for example, and then attending a public protest. If you appear on the evening news, “maybe your employer could fire you for lying to them,” McRae says.
Social networks will get you into trouble
Especially with social media, people have a false sense of security when they sit in front of their computer and post what they want. But companies can fire you for what you post, as long as they don’t do it in a discriminatory way. “There could be real-world consequences,” Page said.
She gave the example of NYU Langone, which recently fired two doctors — one for expressing pro-Palestinian views and the other for posting pro-Israel views. One of the doctors sued, claiming discrimination, and the case is ongoing.
You should start by thinking carefully before posting any political content – especially if you’re feeling emotional – and familiarize yourself with your employer’s policies on social media posts . For example, some companies prohibit employees from posting political opinions on social media. Going against policy may be grounds for immediate termination.
Taking an employer to court after being fired is pointless
Of course, a worker fired for protesting or expressing opinions on social media could decide to sue the company for wrongful termination, but that requires time and money. These cases are very fact-specific and it’s impossible to know what a jury would decide, if a case even went that far.
For example, an employee may have a good case if they can point to multiple examples where another employee was not fired for violating the same policy. McRae said there are often legal arguments about a company’s motive for firing employees.
