Employment at Will Policy: Exceptions to the Rule
The notion of 'at will' employment reflects the fact that by law employees can be fired from any job for any cause, good or bad, depending on the whim of the employer, barring a written employment contract (Muhl 2001:3). There are specific exceptions to this policy which vary from state to state. But in the case of John, the employee who posted a rant on his Facebook page, there are a number of NJ state precedents of allowing employers to fire employees for posts made on social media. A garbage collector in Maplewood, N.J. was fired for complaining on his public Facebook page about having to clean up "after a two-day concert, blaming the mess on liberals who rant about green living and then pollute the parks, and launched a tirade against Obama, gays and liberal politics" (McDonnell 2014).
Also, in the case of Ehling v. Monmounth-Ocean Hospital Services Corp. The plaintiff Deborah Ehling brought a suit against her former employer for her comments on her private Facebook page, "access to which was limited to her Facebook friends" (McDonnell 2014). One of Ehling's Facebook friends and coworkers (obviously a loose use of the word 'friend') showed the post to her employer. "Ehling sued, contending Monmounth-Ocean Hospital Services Corp.'s access to the page violated the Federal Stored Communications Act (SCA) as it applied to social media. The SCA is part of the Electronic Communications Act of 1986, which protects private communications transmitted and stored electronically" (McDonnell 2014). But "the District Court held in favor of the employer, finding Ehling's co-worker was an intended recipient and that his authorization to the employer to view his page was sufficient" (McDonnell 2014).
However, under the federal laws such as the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) has found discussions of employee "terms and conditions of employment" to be protected under current labor relations law (McDonnell 2014). Making personal remarks about a company's major client on Facebook would not seem to fall under provisions related to John's terms and conditions of employment and if his rant was on his public Facebook page (or was brought...
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