Privacy in the Workplace FAQ

Questions:

• Can I require all employees that I am considering for management positions to take a psychological test?
• Can I fire a worker whose personal beliefs clash with mine?
• Can I read my employees' email messages?
• Can I monitor my workers' phone calls to make sure they are properly serving my customers?
• Can I randomly search my employees as they leave the workplace to minimize theft?
• What are the rules for handling employee medical records?
• Can we fire an employee for criticizing managers on Facebook?
• Can employees post reviews of company products on websites like Amazon and Yelp?
• Can I install cameras in the workplace to discourage employee misconduct?

Answer:

Can we fire an employee for criticizing managers on Facebook?

It's probably not a good idea. The National Labor Relations Act (NLRA) prohibits employers from retaliating against employees for communicating with each other about the terms and conditions of their employment. And, this protection extends to communications online as well as those made in person or by other means. Recently, the National Labor Relations Board has filed complaints against two employers that disciplined employees for making critical comments about managers and the company on Facebook and Twitter. To learn more about what you can and can't do in response to employee's online posts, see Nolo's article Employee Posts on Facebook, MySpace, Twitter, and Blogs.