With approximately 90% of the U.S. population using some form of social media, it’s easy to see that various platforms such as Facebook, Instagram, X, TikTok and LinkedIn are integrated into our daily lives. People use them to share opinions, celebrate milestones, discuss current events and even talk about work.
But what happens when your employer takes action against you for something you posted online? In some situations, an employer’s response to a social media post may cross the line into unlawful retaliation. Knowing where that line is can help employees recognize when their rights have been violated and when they should take legal action.
What is employer retaliation?
Employer retaliation occurs when a company takes action against an employee who had engaged in a legally protected activity, such as:
- Reporting workplace discrimination or harassment
- Reporting work and hour violations
- Reporting unsafe working conditions
- Participating in a workplace investigation
- Requesting a reasonable accommodation for a disability
Employers cannot punish employees for exercising rights protected by law.
The National Labor Relations Board (NLRB) protects many employees who engage in “protected concerted activity,” including discussions regarding:
- Wages
- Benefits
- Scheduling
- Workplace safety
- Working conditions
An employee may post online after filing a discrimination complaint or share their support for coworkers engaged in protected activity. If the company responds by demoting, disciplining or terminating the employee, they may have crossed the line into retaliatory behavior.
However, not every adverse employment action involving social media is unlawful. Employers may still enforce workplace policies regarding confidentiality, harassment, threats or other legitimate business concerns.
If you believe your employer has retaliated after you posted something online, then you should discuss your situation with a legal professional. They can review the facts, determine if your rights were violated and guide you through your legal options.
