Posting online about your job is common among employees. While you may want to vent about your boss or a workplace policy, you should consider whether a single click could cost your job. In Florida, the answer is often a yes, but some nuances require a clear understanding.
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Clarifying Florida’s at-will employment law
Florida follows the at-will principle when it comes to employment. Your employer can fire you at any time, for any reason or no reason at all.
For instance, say they find a rant you posted online. They gather that your statement violates a company handbook policy and also makes the business look bad. This reason usually falls within their rights to terminate your employment.
Defining when your online speech is protected
Despite at-will employment laws, federal law offers protections for employees who band together to improve their working conditions, even if they are not part of a union. However, a personal gripe that promotes false information or disparages an employer typically loses protection.
Under the National Labor Relations Act (NLRA), you have the right to discuss work policies, wages or safety with your coworkers online or in person. If your post is a protected concerted activity, firing you might be unlawful.
Drawing the line on discrimination
An employer also cannot use a social media post as a pretext for discrimination. If your supervisor singles you out for a post and ignores others of a different race, religion or gender for similar behavior, you may be facing a violation of the Florida Civil Rights Act.
Taking action with help
The lines between personal expression and professional misconduct can be blurry. Given the complexity of this matter, seeking legal advice can offer guidance. An employment attorney can review your case and identify whether your employer violated your rights.
