Employment Litigation Attorney in Minneapolis, Minnesota

Can an employer fire an employee for posting negative comments about the company on the internet?

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That’s a very interesting question, because most non-Union employers will think well gee, you know, I can fire employees basically for anything. If they’re complaining about the company I can fire them, but the National Labor Relations Act has a provision that even if you’re a non-Union employer, you cannot discipline or discharge employees because they’re complaining about the terms and conditions of their employment, so basically, precursors to perhaps Unionization.

So if an employee is complaining on their Facebook page or on the internet about the lousy pay, the lousy food, the lousy working conditions you can’t fire somebody for that. You’d be violating the National Labor Relations Act. Now, if they make defamatory comments about the product or upper management, that’s a little closer question. It depends exactly what they’re saying and whether it’s untrue or not and does it in the realm of whistle blowing, that kind of thing, but generally I wouldn’t recommend employers go trolling their employee’s internet accounts to find out if they’re saying bad things about them. It may be incredibly irritating and annoying to the employer, but unless it’s an extreme situation, people have the right to complain.

Minneapolis employment law attorney Greg Stenmoe explains the challenges for simply firing an employee who posts negative comments.

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