Employment-at-Will

Whether you can legally fire or not

Scenario One: John posted a rant on his Facebook page criticizing the company’s most important customer.

In this scenario, John voiced his opinion concerning the company’s most important customer. Freedom of speech is permitted as far as criticizing the government, but no right to a job with a company. However, if John was accusing his employer of doing something illegal, then it would be an exception for a chance to be protected by whistleblower laws. Before a determination is made, the company will need to ensure there is a policy in effect for this type of behavior. If the company has a zero tolerance for this kind of behavior John can be legally fired. However if there is no policy in effect John will be given a warning, and a policy will be put in effect for a no tolerance for negative criticism to company customers. John placed the company in jeopardy, his job, and the trust of the client. The company will now need to repair the damage written, and direct the issue to their employees. Employees should receive training or a meeting on the policy in regards to social media, and inform the employees of the consequences for posting negative comments regarding the company. Upon completion of training, a form should be signed by employees acknowledging information received and the results of non-compliance with the policy. Critical information regarding the company’s customer cannot be revealed on social media sites.

Scenario Two: Jim sent an email to other salespeople protesting a change in commission schedules and bonuses and suggesting everyone to boycott the next sales meeting.

Jim’s actions were tolerable but limited. Employees have to understand their position within the workplace. Many people will disagree with situations; however this should not lead to an email communication among a coworker. The situation could have been approached in a different manner. A chain of command should have taken place to express...