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Yesterday I was called into my bosses office concerning a…

Customer Question
Yesterday I was called...

Yesterday I was called into my bosses office concerning a facebook post which I posted concerning my opinion on illegal immigration. Another staff person had brought this to his attention, but before the meeting was over he denied that and stated he found it himself.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Hang on, much more to this. I work for a nonprofit, a food bank. The post was on my own facebook which had nothing to do with the food bank, there was no one on staff involved in the conversation and I never mentioned anyone's name or the food bank.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I am an at will employee

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well yes, I normally don't friend co workers wanting to keep the two, my work and my personal life separate. In the past I have created a separate facebook page for co workers so I don't hurt their feelings by not friending them on my regular facebook page. I am just trying to keep the two separate. I had blocked my boss and told him why in the meeting, that I wanted to keep the two separate. Then I find out he uses the Food Bank facebook page to stalk the staff. The most ironic thing is, that I "own" the food bank facebook page because I set it up years ago. He was using my own page to stalk me.

Submitted: 2 months ago.Category: Employment Law
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Answered in 2 minutes by:
5/25/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Regrettably, nothing that you have mentioned here is illegal. Freedom of speech applies to the government not private employers. As you may have seen yesterday, the NFL displayed that concept perfectly by disallowing players from kneeling during the national anthem. The government can't do that, a private employer can.

Your FB page is in the public domain and what you say on there can effect your job, legally.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 2 months ago
I don't really want to sue at all. I wanted to know if this is legal. Looks by your response that it is.
Customer reply replied 2 months ago
they don't have to notify staff about this practice. I have also found that even after him telling me that he does this across the board with staff there was only about 4 of us he had done this too. One was a new hire.
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago

No, there is no requirement to give notice about the practice. They can do it with new hires, pre-hires, old hires.

It is more common than background checks now.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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