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Within the modern workplace, there is no tolerance for offensive remarks, inappropriate content, or anything that could be even loosely deemed to be hate speech. Most people would agree with that statement, right? If you heard your office colleagues making racist or misogynist comments in the break room, you’d probably feel compelled to report it to somebody.
The dilemma of free speech in the workplace
The problem is that the line between what’s acceptable and what’s not acceptable seems to be blurring. What if, for example, you saw a racist or misogynist social media post, and also happened to notice that one of your co-workers “liked” it? Would the simple act of hitting the “like” button constitute grounds for that person being fired?
Without any knowledge of the broader context, you’d be justified in thinking that anyone who liked a racist social media post was also somehow racist. And you might even feel a responsibility to report that social media post to someone in your office, even if it happened on a social media platform that had nothing to do with your company. If there was a pattern of this online behavior, and if enough people reported it independently, it might even be enough to get you fired.
Even more alarming, content that’s not openly racist, misogynist, or hateful might be enough to get you fired. For example, one well-known example that’s been circulating on social media concerns the case of someone who “liked” a LinkedIn post that was critical of toxic workplaces. The employer found out about it, and determined that this “like” reflected badly on their own workplace. The thinking here is that, if the “like” about toxic workplaces became highly publicized, it might even be enough to scare off potential job applicants or existing business partners. So, as you might have guessed by now, it was enough to get that person fired.
Protections for employers
This might sound extreme, but it definitely happens. So, yes, liking a social media post really can get you fired. And there’s a good reason for that – the law specifically says that employers have the right to protect their reputation, and to ensure a safe workplace environment. Thus, if a “like” is deemed to be extremely hurtful to their reputation, they can simply fire the employee.
Generally speaking, there are some types of content that you should avoid posting (or “liking”) online. This includes any negative comments or grievances about your direct employer. You can whine about a bad boss at the local bar with your buddies, but be careful about posting anything online. It also includes any content that you post during work hours. If you are posting during a 9-to-5 day, for example, you have much less legal protection than if you are posting at midnight from the safety of your own bedroom.
Protections for employees
The good news is that there are some protections for the employee, too. For example, privacy laws prevent employers from snooping on your behavior outside of the workplace. In theory, if you are “liking” content on a device provided by the employer, they have the right to keep tabs on you. But if you are “liking” content on your own personal device, outside of the workplace, then there’s not much they can do.
Moreover, in some industries, labor laws provide very strong protections against wrongful dismissal, so companies have to be very careful before firing anyone. That being said, you should definitely have a firm grasp of your company’s policies, as well as the labor laws in your state. At the very least, you should be aware of the process for reporting bad behavior within a company, and whom you can turn to for help if, by some awful chance, you get caught up in a scandal at work.
The First Amendment is there for a reason, and it’s very powerful. But just keep in mind – the right to free speech does not include the right to make hateful comments about someone else in a public forum. If this free speech is seen as injuring the reputation of a company, or making the workplace a toxic place to work for others, then it might just get you fired.
