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Can You Get Fired In Idaho for a Facebook Post?

So you have something to say about your workplace….your wages….your boss? Despite Idaho being a right-to-work state, your job is probably safe.

I found this really great article in the Idaho Statesman about the emerging specialty in the law world: Social Media Law. 

In the article, journalist Dana Oland, had a Q and A session with Boise State grad turned Social Media Attorney, Lisa McGrath.

In the exchange, McGrath explained that she usually asks businesses:

‘Do you think, as a private or nonprofit employer, you can prohibit your employees from making disparaging or inflammatory comments on their private social media?’

This is where this article peaked my interest. According to McGrath, the real answer is ‘No.” Yet, the majority of the businesses respond, ‘yes,’ when asked that question. 

WHAT!? I just figured you’d get canned for saying something about your workplace, even if it was on your private page.

This is the reason why your employer can’t touch the “fired” button after scrolling on your post:

What they don’t realize is that the [National Labor Relations Act] says employees cannot be disciplined or fired for social media posts that constitute “concerted activity” — that is, posting about their wages, their manager and other terms of employment.

So what can private and nonprofit employers can you for? According to the Idaho Statesman, “Not a lot.”

McGrath explains:

An employer cannot prohibit employees from making or posting inflammatory remarks on social media, or from “liking” a post. They can’t prevent employees from posting photos, music, and video, including those containing the employer’s logos or trademarks. They cannot prohibit an employee from using social media at work. And the list goes on.

So there you have it. Now, just to be clear, this isn’t a justification to go talk smack about your boss; but it is some info you could use to your advantage if you ever want to have a venting sesh with your Insta followers.

You can read the entire Q and A HERE. 

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