Facebook post social media work

[PamA1962]

Asking for a friend.. Not sure if this is the correct place to post this question

I am not sure what state they reside in, but the company is based in Texas. The employee tested positive for cover-19 and posted on their personal page regarding their illness, they did not state what company they worked for in their post nor is it even mentioned as their place of employment on their facebook. All they mentioned was their position and how sick they were i.e. chest pains, soar throat, cough all the cover-19 symptoms and mentioned social distancing and not to go out unless it was for essential things. A manger from the company contacted them and asked them to take the post down on their personal page, in doing this, the employee became scared and took a voluntary leave, because they feared the company would retaliate.
Does she have a right to post whatever she wants? Could their have been a legal repercussion from the post and was the manager right for asking the employee to do this? would this be considered a violation of their rights under freedom of speech? If the person wants to return to work, is their anything law or right that would protect them and the company from retaliating against them?

 

[Taxing Matters]

It matters in what state the employee works. So ask the friend where that is. However in most states, including Texas, the employer could fire the employee for posting that or for most anything else for that matter. The right of freedom of speech means that the government cannot regulate your speech. But a private employer may generally fire an employee for saying things that the employer does not like. When the employer is not a government agency, then the employer may legally fire you for any reason (or no reason at all) except for a few reasons prohibited by law. The prohibited reasons include firing you because:

• of your race, color, religion, sex, national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
• you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
• you participate in union organizing activities;
• you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
• you filed a bankruptcy petition;
• your pay was garnished by a single creditor; and
• you took time off work to attend jury duty (in most states).

The exact list of prohibited reasons will vary by state. So employees need to take care what they post on social media. Employees are fired all the time for posting things that their employers do not like.

 

[NeilTheCop]

Could contracting the virus be classed as a disability?

 

[Zigner]

Could contracting the virus be classed as a disability?

Is a cold or the flu classed as a disability?

 

[quincy]

Asking for a friend.. Not sure if this is the correct place to post this question

I am not sure what state they reside in, but the company is based in Texas. The employee tested positive for cover-19 and posted on their personal page regarding their illness, they did not state what company they worked for in their post nor is it even mentioned as their place of employment on their facebook. All they mentioned was their position and how sick they were i.e. chest pains, soar throat, cough all the cover-19 symptoms and mentioned social distancing and not to go out unless it was for essential things. A manger from the company contacted them and asked them to take the post down on their personal page, in doing this, the employee became scared and took a voluntary leave, because they feared the company would retaliate.
Does she have a right to post whatever she wants? Could their have been a legal repercussion from the post and was the manager right for asking the employee to do this? would this be considered a violation of their rights under freedom of speech? If the person wants to return to work, is their anything law or right that would protect them and the company from retaliating against them?

Employers in ALL states can and do check online postings. It is important for ALL employees, therefore, to watch what they post online about themselves and others.

At one point in Michigan, before there were stay-at-home orders and closures of all nonessential businesses, real and suspected Covid-19 contact points were publicly listed, with the names and locations of the businesses frequented by those who were known to have contracted the virus. The businesses were, not surprisingly, affected adversely by the publications.

Whenever you are writing about identified or identifiable people or entities, you must be aware that reputations are valuable. Your words must be chosen carefully so these reputations are not harmed. Injured reputations can lead to firings and lawsuits.

 

[zddoodah]

Does she have a right to post whatever she wants?

No. All legal rights have limits. Keep in mind that, depending on the applicable state law, the employer may also have a right to terminate your friend's employment because of social media posts.

Could their have been a legal repercussion from the post and was the manager right for asking the employee to do this?

No way for anyone here to know the answer to the first part of this, and the second part calls for a subjective, non-legal opinion. We have no way of knowing why the request was made.

would this be considered a violation of their rights under freedom of speech?

No (unless your friend's employer is a governmental entity and he/she suffers adverse employment action if he/she fails to do what the employer has requested). The constitutional right to freedom of speech is found in the First Amendment of the U.S. Constitution (it's also found in most, if not all, state constitutions). Unfortunately, many folks don't bother reading the Constitution and simply latch onto terms like "freedom of speech" without really understanding what they mean. The First Amendment states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." While the Supreme Court has expanded the reach of the First Amendment, it has virtually no application to conduct between private individuals/entities. Is your friend's employer a governmental entity?

If the person wants to return to work, is their anything law or right that would protect them and the company from retaliating against them?

Depends on the applicable state law.

 

[quincy]

Pam, what sort of position does your friend hold? She probably will want her employment contract personally reviewed by an attorney in her state or in Texas to see if it offers her any job protection. She probably will want what she wrote personally reviewed by an attorney, as well, to determine if what she wrote could be a good basis for a lawsuit filed against her.

 

[PamA1962]

Thank you all for your information, I will forward all the information to her and see if she has nay questions or replies!

 

[quincy]

Thank you all for your information, I will forward all the information to her and see if she has nay questions or replies!

Sounds good.

 

[Just Blue]

Thank you all for your information, I will forward all the information to her and see if she has nay questions or replies!

Or she could...you know...join and ask her own questions.

 

[quincy]

That certainly would be preferable. There are some questions already asked that the friend will be better able to answer.

 

[NeilTheCop]

Is a cold or the flu classed as a disability?

Good point

 

[zddoodah]

Doesn't seem like this is much of a friend if the OP doesn't even know the friend's state of residence.

 

[quincy]

Doesn't seem like this is much of a friend if the OP doesn't even know the friend's state of residence.

I agree. I suppose it could be an online friend.

 

[xylene]

Is a cold or the flu classed as a disability?

You don't get put in a FEMA camp* for having contact with someone who has a cold.

(*FEMA Camps / internment is coming. That's what test and trace is. That was what they did / are doing in South Korea)