If I criticize my boss on Facebook or Twitter, can I be fired?


A recent settlement in a federal lawsuit provides some cover for employees who would rather complain online than confront the boss or leave the job. Under the National Labor Relations Act, the National Labor Relations Board ruled that employees can indeed comment on the conditions of their employment without fear of retaliation. Common sense, however, dictates that employees use restraint when criticizing the boss on the social media sites, especially since the posts can remain online indefinitely. Such comments could hamper future employment and could also lead to a defamation lawsuit.

If you have a legal question for a future column, send it to illinoislawcolumn@isba.org.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations and does not constitute legal advice. For help with a particular legal question, please consult your lawyer.

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