Social media has blurred the line between employees’ personal and professional lives. When an employee posts something controversial online, many employers wonder whether they have the right to terminate that employee. The answer depends on the circumstances.
While Ohio is an at-will employment state, employers should not assume that every social media post is grounds for termination.
Some online activity may be protected by federal or state law. For example, employees discussing wages, working conditions, or other workplace concerns with coworkers may be engaging in protected activity under federal labor laws. Employers should also be careful to avoid actions that could be viewed as discriminatory or retaliatory.
Before making any employment decision based on a social media post, consider these questions:
- Does the post violate an existing company policy?
- Is the employee discussing protected workplace issues?
- Has the policy been enforced consistently with other employees?
- Could termination expose the company to legal claims?
A well-written social media policy can help establish expectations while protecting both the business and its employees. Policies should be reviewed regularly to ensure they comply with current employment laws.
The Bottom Line
Every situation is unique. Before taking disciplinary action based on an employee’s online activity, employers should carefully evaluate the legal implications.
The employment law attorneys at Pickrel, Schaeffer & Ebeling regularly advise Ohio employers on workplace policies, employee discipline, and risk management strategies. Contact Matt Stokely at mstokely@pselaw.com or call 937.223.1130 for your business’s employment needs.
