(No Matter What the Feds Say Next Week) Right now the National Labor Relations Board (NLRB) is preparing to hear a case where an employee was fired after criticizing her boss on Facebook. …
Can you be fired for what you post on Facebook?
In short,
yes
, you can be fired for what you post on social media like Facebook or any other site.
What should I put for reason for termination?
If you prefer, you can simply
write “job ended,” “laid off,” or “terminated”
on your application. This is recommended since your goal with your application and resume is to get an interview. You have a much better chance of dealing with the issue in person than you do of dealing with it on paper.
Since California is an at-will employment state — and California Labor Code 2922 states that at-will employees “may be terminated at the will of either party on notice to the other” —
employers can fire employees for anything
, including their social media posts.
In general,
employers have the power to fire employees for any lawful reason
–including for what they post on social media. But, there are a number of protections that may be available to an employee facing discipline for their postings.
How can I get fired without cause?
Your employer can terminate your employment at any time and without warning. They do not need to have a good or valid reason to let you go, so long as they are not firing you for discriminatory reasons. If your termination is
not tied to severe
workplace misconduct, you dismissal is considered one “without cause”.
Do employers have to tell you why they fired you?
No,
an employer generally does not need to tell an employee
why he or she was fired. There is no law that requires an explanation. However, if there is an employment contract, the contract may require one.
Can an employer look at your Facebook?
The short answer is
yes
. It is completely legal for employers to check employees’ social media profiles. … In general, state and federal privacy laws dictate what employers can and cannot ask for. It’s essential to note that potential bosses aren’t the only people who can get your information online.
Can you get in trouble for Facebook posts?
Facebook will remove posts that celebrate criminal activity
, including activity that causes financial damage to people or businesses and physical harm to people, businesses, or animals. If Facebook suspects a genuine threat to an individual or to public safety, it will alert the police.
What are the 5 fair reasons for dismissal?
- Conduct/Misconduct. Minor issues of conduct/misconduct such as poor timekeeping can usually be handled by speaking informally to the employee. …
- Capability/Performance. …
- Redundancy. …
- Statutory illegality or breach of a statutory restriction. …
- Some Other Substantial Reason (SOSR)
What to say instead of I got fired?
- We are letting you go.
- We think you would be better off working for another company.
- Your services are no longer needed here.
- We are downsizing the company.
- We are restructuring our department.
- We are terminating you.
- Your employment here has ended.
What are reasons for termination?
- Conduct. Conduct of an employee that may amount to misconduct, is behaviour of an employee that is not appropriate at the workplace or in breach of the employee’s contract of employment. …
- Capacity. …
- Performance. …
- Redundancy. …
- The Process.
The fact of the matter is
employers DO look at social media profiles when making hiring decisions
, and are within their legal rights to do so, so long as their screening does not violate federal or state anti-discrimination laws including race, gender, religion, national origin, age, gender identity, and disability, or …
Employees can be subject to disciplinary action for posting content unfavorable to their employer
. … If an employee is engaging in concerted activity on social media, that activity falls under the protections of the NLRA.
Federal laws prohibit employers from discriminating against
a prospective or current employee based on information on the employee’s social media relating to their race, color, national origin, gender, age, disability, and immigration or citizen status.
