ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

Free Speech About Employers on Facebook? Can You be Fired?

Updated on December 2, 2011

Freedom of Speech? isn't this America? Can you be fired for comments on Facebook about your employer?

YES to all.

There is some sort of odd illusion that just because it is America, land of the free, that employees can get on their social networking site like Facebook and say derogatory things about their employer. Well, that isn't exactly so, you can be fired by an employer. Employers do have a right to fire for such comments, but it, "depends" on the context and circumstance. It is not cut and dry many times. Employees have filed 113 cases with the National Relations Labor Board for unjust terminations. In one case, a paramedic was fired by the employer after the employee called his supervisor a "scumbag" on FB. In this case, the employer was wrong. Yet, in another case, a bartender on FB was chatting with another and called his customers "rednecks" and hoped they would choke on glass. He was fired. This time, the employer won.

What is protected employee behavior (or things they can do without being fired)?

1. Workers in a group discussing wages, conditions, or an individual who expresses these concerns of a group. Name calling but depends on the word used and in what context it is used and doe not involve any sort of threat.

What is not protected?

1, Bitching about conditions or others by yourself outside of a group.

2. Physical or verbal threats against anyone.

What is unlawful for an employer to do?

1. Stating that company policy restricts worker rights to discuss online with others their wages or conditions.

There remains a lot of murky issues for debate, they are: Specifically, when is name calling actionable by the employer? Are negative comments from a worker online from a workplace actionable or is it protected for the employee? This may be spelled out in the company's Internet use policy.

Comments

    0 of 8192 characters used
    Post Comment

    • Katharella profile image

      Katharella 

      6 years ago from Lost in America

      A lot of people think their freedom of speech is being stifled on different sites, when it's not an issue of the American Constitutions Bill of Rights First Amendment.

      The owner of any website has the authority to choose their own rules. Facebook's server owners can put any rules on them they want. I just started a website called the-first-amendment and even there I'm limited because I do not own the server. When I do own the server, then I will be able to have full freedom, until then first they make the rules, and then I make the rules. For instance my rule is I will not allow racial slurs, hatred or threatening - bully behavior that would make someone else feel afraid or bad.

      I will however, let people write and publish their thoughts and opinions (just as I have, given it's new) and I plan on taking it a bit farther. As I said it's new and I'm just getting started. When (and I will) own my own server, then only I will set forth the rules and abide by the laws set forth by congress that keep our children safe from viewing, although I fully believe too many people do not watch their children on the computer, nor do they limit their time or sites they can visit. Of course it's the fault of those who abuse the freedom of speech who ruin it for those who just want to speak the truth - i.e. of their work.

    • profile image

      Indigital 

      6 years ago

      Yes, but you see - this may be because if you're not getting along with the team, you may be considered to be underachieving at work. This may also be harassment, if you're provoking arguments on the job because of outside disagreements.

    working

    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://hubpages.com/privacy-policy#gdpr

    Show Details
    Necessary
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
    Features
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Marketing
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Statistics
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)