NEW YORK — Workers thinking about criticizing their employer on social media might want to think twice.
While there are some protections in place that allow employees to speak about their employers, the situation is tricky – as evidenced by the recent firing of a Tesla manager who posted critical comments about CEO Elon Musk on LinkedIn, according to The New York Times. Some of those safeguards may only apply to certain situations, and employers generally have a lot of leeway to terminate employees for reasons they deem fit.
“In general, an employer could fire an employee for just about anything, including criticizing the company on social media or anywhere else,” said Jeffrey Hirsch, a professor of labor and employment law at the University of North Carolina.
Tesla did not respond to a request for comment.
Still, there are laws in place to protect workers, although it’s a wise idea to get familiar with the terms of your employment and your company’s social media policies.
Speech that’s protected – and not protected – on social media
Whether you’ll get in trouble for what you post on social media depends on many factors, including whether you’re employed under an “at-will” contract. This type of agreement allows either a worker or their employer to terminate their employment for any reason. But there are exceptions to the principle, such as anti-discrimination laws or a contract that stipulates the terms for which a worker’s employment may end.
Employment-at-will is the...
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