Can I be fired for Facebook posts or “likes”?

It depends.  If your post is a complaint about workplace unfairness then no.  The National Labor Relations Act protects employee conduct called “concerted activity.”  This means that employees are allowed to act or speak in concert with each other or to each other about what they believe to be unfair working conditions.

The Second Circuit Court of Appeals ruled on Wednesday that employees who were fired by Triple Play Sports Bar and Grille for their Facebook posts, including the simple act of hitting the “like” button, regarding a conversation on Facebook about tax withholding from some workers’ paychecks that resulted in them owing Connecticut state income taxes.

The employee was fired allegedly for not being “loyal enough to be working for the restaurant because of the Facebook comment.”

The Hartford Courant has an article here:

Contact The Hayber, McKenna & Dinsmore if you think you’ve been wrongfully terminated!

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