What You Need to Know About Protected Concerted Activity on Social Media
Protected concerted activity is a legal term used to describe employee protection against employer retaliation in the United States. Here is what you need to know about protected concerted activity on social media in California.
Federal law allows individuals the right to connect with other co-workers on social media. Co-workers can ban together on social media to improve their conditions at work. They can address work-related issues, as well as discuss pay, benefits, and working conditions with each other and with a union. Co-workers have the right to share these issues through Facebook, YouTube, or other social media. However, not all sharing with co-workers is considered protected concerted activity; these actions must be to initiate, prepare, or have some relation to group action or bring a group complaint to the attention of management. Speaking of one’s employer in a way that is offensive or false, or speaking negatively in a public manner about one’s employer’s products or services is not protected concerted activity.
Can An Employee be Fired for Their Posts on Social Media in California?
California is an at-will employment state. This means that employers can fire their employees for anything, which includes what the employees post on their social media accounts. Although California is an at-will state, the state’s labor laws prohibit employers from firing their employees for an illegal reason, such as discrimination or retaliation.
Related: At-Will Employment in California: What You Need to Know
Being fired due to discrimination is illegal in California. If an employer fires an employee for their social media posts that are based on the employee’s race, national origin, color, religion, sex, or another protected class status, they violate Title VII Civil Rights Act of 1964.
Related: Do I Have a Case for Wrongful Termination?
As mentioned above, employees have the right to engage in concerted activities on social media without fear of being fired. These concerted activities include discussing work or work-related issues with their co-workers online. However, this protection only exists when an individual is discussing work or work-related issues with another co-worker; this protection does not extend to other individuals who are not employed by the same employer.
If an employee’s post on social media violates an employment agreement, an employer has the right to fire that employee under certain circumstances. This may include but is not limited to an employee violating the employer’s trade secrets, damaging their employer’s reputation, or painting their employer in a bad light.
An employee can also be fired for using social media at work. If an employer has evidence that an employee made a social media post during work hours, they have the right to fire that individual.
FAQs About Protected Concerted Activity on Social Media
What are some examples of protected concerted activity on social media?
Protected concerted activity on social media includes talking to a coworker about wages, benefits, or working conditions, circulating a petition for better hours, participating in a concerted refusal to work in unsafe conditions, etc.
Can an employer fire an employee for cursing on social media?
An employee cannot be fired for cursing or venting in a social media post.
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