The Perils of Social Media During a Pandemic

As longtime attendees of our seminars know all too well, employees can get themselves into trouble at work for things that they post on social media.  A recent cautionary tale shows that the COVID-19 pandemic has not curbed these tendencies.

Earlier this month, a law firm in Texas fired an administrative employee after discovering his disturbing Facebook post, which read as follows:

“No more masks.  Any business that tells me to put on a mask (Whole Foods on Lomo Alto) in Dallas will get told to kiss my Corona ass and will lose my business forever.  It’s time to stop this BULLSHIT.  Do I have to show the lame security guard outside of a ghetto store my CV19 test results?  I will show him my Glock 21 shooting range results.  With Hornady hollow points.  Pricey ammo, but worth it in this situation.  They have reached the limit.  I have more power than they do . . . . they just don’t know it yet.”

This incident highlights several thorny issues at the intersection of social media and the workplace.  Although some individuals may think that they cannot be disciplined at work for what they say or do “after hours” – especially their activities on social media – they are mistaken.  Standing idly by while employees make discriminatory and harassing comments can expose an employer to liability.  In addition, some individuals may think that their comments on political issues are protected by the First Amendment.  Unless the employer at issue is a public entity, the First Amendment has no place in the workplace, and the employee can be disciplined for such comments.

For questions about this or any other labor and employment law issue, please do not hesitate to contact the attorneys at Hoffman & Hlavac.  To stay on top of the labor and employment developments that affect your workplace, please subscribe to our blog and follow us on social media.