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Should Bashing Your Boss on Facebook Be Legally Protected?
Kathy O'Reilly | Monster's Director of Social Media Relations
Employees have been criticizing their bosses since the beginning of time.
Until the birth of social media, these conversations generally played out in lunchrooms or restrooms, around the water cooler, over a few cocktails at the local pub after working hours, and in the smoker’s circle outside the office building.
Regardless if the criticisms were true or not, the context remained private for the most part, usually involving a few other employees who also had similar disdain and negative feedback regarding the boss. Now, via social channels like Facebook and Twitter, private thoughts shared among a few are becoming very public statements broadcast to the world in real-time.
Should employees be allowed to bash the boss on Facebook? More importantly, should they be legally protected when they publicly disparage their boss in social media?
These questions and concerns hit mainstream media last week following a recent case in Connecticut where the National Labor Relations Board ruled that companies can’t fire employees for complaining about their boss on Facebook.
To set the historical context around the recent ruling, in 2009, American Medical Response (AMR), an ambulance services company, fired one of their emergency medical technicians for posting a criticism of her supervisor on Facebook. Several of the woman’s coworkers agreed with her Facebook post, in which she “referred to their supervisor using AMR’s code for a psychiatric patient.”
Fast forward to October 2010, when the National Labor Relations Board (NLRB) in turn filed a complaint against the company on behalf of Dawnmarie Souza, the fired EMT. The NLRB argued that “the National Labor Relations Act made Souza’s comments protected speech; the act gave her the right to discuss terms of employment with AMR with her coworkers and other people.”
The NLRB also felt AMR erred in not providing Souza with union representation when supervisors met with her to discuss her Facebook post.
LeonaS
over 1 year ago
2 comments
This article actually brings up a very interesting point. Where does the reputation of the person end and that of the company that they work for begin? Most places that I have worked for in the last 5 years have had a clause in their guidelines that provide that the employee not speak about them or interactions with customers online in any format or face disciplinary action up to termination.
With that being said if I never say who I am employed by and I never mention real names what I say online will only reflect my side of things and possibly my character or lack there of. For me I choose not to post about things online in any open forum.
Regarding if it should be legally protected or not until the 1st amendment is removed from the constitution the right to speak freely in our country is a given for everyone.
MYBATZ13
over 1 year ago
34 comments
I feel a lot of the internet is entertainment. That it is virtual reality. An apology should be enough. I could only go so far insulting someone via technology.
If a real crime is proven, then maybe the information should not leave the computer. Boss computer security should play a roll.
Taina1295
over 1 year ago
14 comments
I don't think it's a good idea to openly voice your opinions, even if they are legitimate on a social media forum.
If its a boss from the past (say 10 years or so) I see no harm in it. Sometimes its good to get the information out there. It may protect someone else. Not all employers are saints.
annemariemaltbie
over 1 year ago
2 comments
I agree that social media is a great tool for sharing your thought and opinions, and can even be a great place to vent and can even be a great place to vent about work. However, I don't think it's an appropriate place to air grievances about your co-workers and supervisors. Venting in the breakroom is fine but it should stop there. If the complaint has real validity then it should be taken to HR, not to a public forum.
JustinMueller
about 2 years ago
8 comments
I got written up for dusting incorrectly, no exaggerations made I was just doing what I thought was pretty good dusting. Am I allowed to release my stress on FB about this??
den85730
about 2 years ago
4 comments
Bashing ANYBODY on line is unfair and inconsiderate. It is a hard decision as to weather or not it should be a legal issue. Freedome of Speech would be infringed upon if making statements or opinions were made a particular law if made illegal unless it is false information not including insutsl.
LADYG202
about 2 years ago
2 comments
Not all people are approachable and maybe that is why the comments are posted on social media network. Maybe bosses should be able to accept constructive criticism, same as they expect from their employees. My mother always says "it's not what you say, but how you say it."
Landfallen
about 2 years ago
2 comments
I honestly do not think it should be protected legally. "Why not" many would ask? Simply put, bashing your boss on facebook or any social networking website is just as bad as yelling out your disdane in your very workplace. The main thing to think about is the fact that this is the person who is in charge of whether or not you work at this establishment or not.
"Sticks and stones may break my bones, but words will never hurt me!" Yeah they wouldn't hurt me, if I were the boss being bashed, however they would hurt the image of the business I represent. I would definitely let this person know that it's unacceptable for this behavior to be displayed and if it were to continue, that is when I would show them the door.
Even though "Freedom of Speech" is in our constitution and you can't take legal action for words, to an extent, no where in our constitution staates that there is freedom of speech 'without consequence.'
Of course, a proactive solution would be, like mreous333 said, "I want to focus on a Win/Win solution..." I agree completely and I would also say "give 'em the boot" if they refuse.
mreous333
about 2 years ago
6 comments
I think they should be left legal, because how they express it is a projection of their character and of their level of ability to communicate and deal with problems. Depending on their integrity of character and ability to communicate, how they say it can show their strengths and weaknesses. Rather than taking offense, the company can use it to assess the person's capabilities and discuss with them a Win/Win solution and openness of communication to address problems. They can discuss more effective ways to communicate and work as a team rather than having internal employees competing with each other. This requires flexibility in paradigms and problem-solving with everyone involved.
If I was a manager or CEO of a company and someone bashed me, I would not take it personally. I would see it from their point of view and openly discuss it with them.
"I understand you are upset with this decision the company has made and I would like to talk with you about your concerns in a calm manner. I would appreciate your candor in the matter, but I would also like to challenge you to express it in a more constructive manner. I want to focus on a Win/Win solution or understanding or agree to a No Deal.
With that said, I do want to address your comments on Facebook. I do not like my employees to have the mindset that they are in competition with others here and that includes with me. I value everyone's input and do the best I can to create Win/Win solutions that everyone can agree upon. From what you posted, it is not a matter of what you say, but how you say it that concerns me. This is because no matter how damaging or ineffective my decisions are, how you communicate your concerns reflects your character, communication capacities and problem solving capacities.
As an employee in this company, it is a necessity for you to be able to express yourself in a constructive manner and encourage you, like everyone, to find or learn that medium. Part of that medium is knowing that I have an open door policy and will work with you in providing insight into more effective expression. In your own life and in society you will that it is necessary as an independent and interdependent person to build great character and choose how to deal with life's experiences. The challenges we face are opportunities for personal growth.
So let's openly discuss what is on your mind and figure out together how we can find a Win/Win solution or No Deal."
Frank_Ball
about 2 years ago
19756 comments
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