Oklahoma is an "at-will" employment state. This means that you and your employer have the right to end your employment at any time, and for any reason (there are some limited exceptions). What I typically hear from someone who was fired from their employment, is that a boss was upset over the individual’s behavior . Usually, this is behavior that is seemingly unrelated to the person’s work, like an arrest for DUI or recreational drug use.
Recently, an individual telephoned to discuss a possible lawsuit for wrongful termination. The individual explained that his employer fired him because of some comments made on his Facebook page. The individual felt angry because the comments were "harmless" and private. The individual questioned the legality of the firing. The individual asked me whether an employer could legally fire someone for comments on their Facebook page. Unfortunately for this newly unemployed individual, the simple answer is that an employer may fire someone for their online content.
The problem with social networking sites is their seemingly "private" nature. The privateness lures many people, and young people especially, into believing the information displayed will remain private, or at least protected from unwanted viewers. Quite simply, the answer is that the information, regardless of the private nature, is available to anyone.
There was a recent swirl in "blog-land" about a person interviewing with Cisco Systems who commented on his Twitter page about a recent job offer. The comments were in particular bad taste, and when Cisco discovered them, they promptly rescinded the lucrative job offer.
Your online presence is as important as your public persona. Employers can, and will, terminate your employment because of your comments. It’s important to remember that your comments could be a liability to your employer.
Here’s some tips for outstanding behavior online:
- Never post comments that you wouldn’t want your mother reading (if your mom wouldn’t mind, then think of the most holy, innocent and pure individual you’ve met).
- Pictures of tour late-night toga parties and binge drinking sessions are never good. Note: we like to use these in our lawsuits against people for car accidents and other events.
- Keep comments about your last and current employers to yourself. Unless you’re prepared to start your own business, or you’ve already secured a new job with your boss’s arch enemy, it’s best to not tell the world how much you hate your job. As a rule of thumb, it’s better to build bridges than to burn them, you’ll never know when you need them again.
- Never display too much private information, like your social security number, birthday, street address, etc. These details are a neon sign for identity theft.
It’s important to realize that you’re expendable as an employee, especially in this tight job market. If you’re successful in creating a liability for your employer, you’re going to find yourself writing many resumes and doing job interviews.
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