Most people think of social media as personal, and feel they can use it however they want. That includes venting about work situations or their place of employment. For the most part this is correct. People can vent about certain situations without consequence from their current employer.

It is illegal for an employee to be fired for posting about work conditions, including wages, hours, assignments, and more even if it is insulting. Here are some guidelines on what is acceptable to post on social media according to the National Labor Relations Board:

Posts about employers have to be tolerated if the employee is involved in a concerted activity trying to improve working conditions. The NLRB takes a very expansive view of what constitutes “concerted activity.”  A solitary employee complaining about his wages is engaging in “concerted activity,” in the NLRB’s view.  Employers who fire or otherwise discipline employees for their social media posts increasingly face retaliation charges.

What’s not protected by the National Labor Relations Board are social media posts that:

• Make false statements about the company
• Disparage its products or services
• Reveal trade secrets

Employees can also be fired for revealing information about clients or customers. Companies are also encouraged to let go of workers whose posts are racist, homophobic, sexist or discriminate against religion to avoid a backlash against the company. This shows the public that they do not condone this type of behavior.

To make sure employees know what is and isn’t acceptable on their social media accounts regarding their employment, the company should:

• Create a social media policy section in the employee handbook, complete with specific examples
• Review the policy with your in-house counsel
• Get advice from the in-house counsel before taking disciplinary action against an employee for a negative post.

Both employers and employees should be aware of what is and isn’t punishable on social media. Talk to an InnovaCounsel attorney when creating a social media policy and before taking action regarding a social media post.