Can I fire my employee for calling me a “cheap son of a b@!ch” on Facebook?

Joan M. Vecchioli of Johnson, Pope, Bokor, Ruppel & Burns, LLP addresses the issue of whether or not an employee can be fired for harshly criticizing an employer on social media, using the example of an employee calling his/her superior a “cheap son of a b****.” Ms. Vecchioli provides that an employer could be prohibited from firing an employee for such an offense, because the comment may be protected under Section 7 of the National Labor Relations Act, which gives the worker a right to communicate criticism of management:

“Employees have the right . . . to engage in collective activities, for the purpose of collective bargaining or other mutual aid or protection.”

An employer cannot silence a worker’s denigration about working terms and conditions. The restriction imposed on employees prohibiting them from using offensive remarks about an employer has been found to be unlawful.

Video provided by myLawCLE excerpt from the national CLE program: Drafting Employee Handbooks: Techniques for Avoiding Liability

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs