Please call us at

Can an employee be disciplined for social media posts?

The relationship between an employer and employee is often one of the longest lasting and most important relationships Michigan residents have in their lives. At the same time, disputes can arise between employers and employees, whether over minor workplace issues that can be fairly easily resolved, or over major issues that can lead to termination and lawsuits.

Accordingly, it is important for employers to understand what may and may not be done in the workplace. While these rules are clear in some instances, they are anything but certain in other cases, particularly when it comes to evolving issues like the use of social media by employees.

The National Labor Relations Board has made some recent rulings that discuss what employers may and may not do with respect to employees' posts on social media. Typically, employers cannot control or limit what their employees post on social media, because it may violate the employees' right to engage in protected activity.

For instance, if employees complain as a group on social media, this may constitute protected activity that cannot be punished by the employer. This is in line with general rules that prohibit employers from punishing employees for saying negative things about their jobs.

On the other hand, not all activity engaged in by employees is protected. For example, if the employee is making maliciously false statements against the company, the company need not sit back and do nothing about it. Similarly, if an employee is engaging in harassment, bullying or discrimination against others, the employer not only can act, but in many cases it must act to curb that unlawful conduct. Accordingly, it is important for employers to be aware of their duties and obligations under the law, as well as what they are not permitted to do under employment law.

Source: Business Insider, "5 workplace laws your employer might be violating," Alison Green, Feb. 25, 2016

No Comments

Leave a comment
Comment Information
Email Us For A Response

Need Legal Advice?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Farmington Hills Office
200 Kaufman Financial Center
30833 Northwestern Hwy.
Farmington Hills, MI 48334

Phone: 248-626-5000

Maps & Directions