Employee Fired for Insulting Sup on Facebook Reaches Settlement

A few months back, there was a story about an employee who insulted her supervisor on Facebook and then was fired. She went to the National Labor Relations Board to represent herself against her employer. The issue at hand is that to fire her over Facebook is “equivalent” to firing employees who converse amongst themselves.

According to “Company Settles Case in Firing Tied to Facebook”, the case is settled. To quote the article:

“Under the settlement, American Medical will revise its ‘overly broad rules’ to ensure that they do not improperly restrict employees from discussing wages, hours, and working conditions with co-workers and others while not at work, and that they would not discipline or discharge employees for engaging in such discussions, the labor board said in a statement”

The story made news because this is one of the first major stories of an employee being fired due to social media use. I have only listed my job title and employer on LinkedIn because I use LinkedIn as a public resume in case I need to change jobs. If I communicate with my connections, I do so privately. I’m naturally a private person, I don’t update my job title on Facebook and I have yet to list my employer twitter. At one point, I listed my previous position as a bookseller on Redroom.com because Red Room is about literature.

I don’t list my job info because my twitter pages are public and my Facebook is public to “friends of friends” and others within my “network”, which means people I don’t know could look at my page. I sometimes say things about my job without stating my employer. I’m careful talking about my employer because public social media statements are the same as talking about your employer to their face. Facebook can be used to communicate between friends, family, and coworkers but if your profile is viewable to the public, network, and/or friends of friends, people other than your personal network can see what you post. It is public.

While the employee’s intention may have been to talk with coworkers, she may have made public insults. And just as insulting a supervisor to their face can get you fired, insulting an employer publicly can do the same. I just recently signed an updated employee handbook which made it clear that I could not represent my employer in social media, which translates as do not state you're an employee and say something stupid or insulting. The employee won and there might be other details missing which helped her case but, in the end, do not make public insults about your employer. Even if you could not be fired, the work environment would be very hostile. Also, American Medical, the employer may have had broad policies but I’m sure your employer has specific policies concerning public comments on social media.