Can You Be Fired for Liking a Facebook Post That Calls Your Boss an Asshole?

A waitress at a sports bar was fired after she posted on Facebook a rant that called her a boss an “asshole.” She was fired for the post. The bar's cook liked the post. He was fired, too. This unremarkable case is being closely watched because a union successfully intervened in their behalf before the National Labor Relations Board. The NLRB ruled that the employer’s communication policy was too broad and ordered the bar to rehire the workers. Federal courts generally rule that employers may fire employees for using profanity in front of customers, or denigrating their employer without raising a specific grievance. But these cases involve face-to-face interactions. A federal appeals court will review the NLRB decision to see if Facebook posts are covered by these precedents. By the way, this is not a First Amendment case because it involves a private-sector employer. However, if the appeals courts reverses the NLRB here, the outcome will be very disappointing. Key to note, the Facebook posts were not aimed at the bar's customers and had no impact on the business. The only employer justification for the terminations is the joy of retaliation. For more see here.