In this episode, Karen discusses the misconceptions surrounding social media and the workplace, and whether one can be fired for what they post on social media. She debunks the idea that personal social media sites and private Facebook chats are protected by privacy laws, as anyone in the chat could share the information. She also clarifies that private sector employees do not have First Amendment rights in the workplace, as the First Amendment only applies to government action. Private sector employees do have rights under the National Labor Relations Act to engage in concerted protected activity for mutual aid and protection, which includes discussing working conditions collectively on social media. However, certain controversial posts on social media can lead to discipline or termination, as demonstrated by several cases. Overall, Karen stresses the importance of being mindful of social media activity and understanding the potential consequences for one's employment.

The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.