Understanding your rights as an employer
Firing an employee over internet use is an action an employer can take. However, as with any termination, it is vital to understand what types of circumstances might warrant such an action. Circumstances also exist where you would not have the right to fire the employee.
When can you consider firing an employee over internet use?
The following are some types of situations where employers have fired workers over internet use:
- When visiting sexually explicit or pornographic websites at work
- For loss of productivity due to internet surfing while on the clock
- When engaging in non-work-related activities (visiting sports sites or doing online shopping)
Personal blogging, websites or social media that could lead to termination of an employee
If the employees actions result in communications that are offensive to the employer or potential clients, you would generally have the right to fire the worker. Or, if their actions reflect badly on your company, you could fire them.
Concerted activity that protects employees’ internet use
Under the National Labor Relations Act (NLRA), workers can engage in collective bargaining and obtaining mutual assistance or protection through social networking and media usage. When employees are protesting work conditions, their activities might warrant protection. By comparison, complaining about an employer might not warrant protection.
In this situation, if the employer accesses Facebook posts that an employee intended to remain private, the court might hold the employer accountable. For example, the employer is not a friend and accesses the posts without authorization or intentionally by-passes the authorization.
An example was a case where a co-worker of a registered nurse took screenshots of the nurse’s Facebook wall posts. The co-worker sent them to a hospital manager. In this particular case, the court ruled that these communications were private. However, the hospital manager was not liable because she had not directly accessed them. The co-worker had.
As an employer, do you have concerns about firing an employee over internet use?
If you have employee-related questions about internet use, seek legal help. Discuss your concerns with an attorney at Stephen D. Hans & Associates, P.C. Call (718) 275-6500.