This article discusses some of the protections available to employees, and how our firm analyzes cases where a client has been disciplined for their social media use. With Bernabei & Kabat wrongful termination attorneys. These include laws prohibiting discrimination and retaliation, and laws protecting whistleblowers and employees who complain about workplace conditions. But, there are a number of protections that may be available to an employee facing discipline for their postings. In general, employers have the power to fire employees for any lawful reason–including for what they post on social media. In recent months, many employees have been disciplined or fired for their social media posts regarding workplace safety during the Covid-19 pandemic, and for posts regarding the Black Lives Matter movement and the nationwide protests sparked by George Floyd’s killing by a Minneapolis police officer. The initial conversation will cost you nothing, and everything you share with us will be kept in strict confidence.Can You Get Fired for What You Post on Social Media?Īs more Americans use Facebook, Twitter, and other social media as major communication tools, the risk that what you say online will draw your employer’s attention has increased. You can consult with experienced employment lawyers in Columbus, Ohio, by calling Coffman Legal at (614) 949-1181 or connecting with us online. Partnering with attorneys who know how to cut through the attempted evasion tactics deployed by employers will greatly increase the chances of succeeding in a wrongful termination claim. Employers have many ways to argue that they fired an employee for poor performance, irregular attendance, or bad behavior even if solid evidence for discrimination or retaliation exists. Wrongful termination cases are not easy to win. Consult With our Wrongful Termination Lawyers It is generally a good idea to begin writing one’s account within days of the firing. Including approximate dates, people’s names, and quotes as nearly as they can be remembered will help the wrongfully terminated employee and his or her attorney’s subpoena records, identify witnesses, and conduct depositions. A productive way to start putting together such an account is writing down as many details about the events leading up to the wrongful termination as possible. Pursuing a wrongful termination claim against a former employer requires giving a coherent and provable account of why the firing was discriminatory or retaliatory. The outcome of a wrongful termination case may depend on whether the employer can defend that official reason in court.Ī wrongfully terminated employee will also help his or her case by keeping records of emails, conversations, and work incidents that document the discrimination or retaliation that he or she suffered in the period leading up to the firing. Save Every Letter and Email Keep NotesĪny employee who gets fired should request a letter that states the reason for the termination. Mentally preparing for the unwelcome event can help the illegally fired employee remain calm. When the ax falls, it should almost be expected. Remain CalmĪ wrongful termination typically ends a long period of workplace discrimination and retaliation. Retaliating against a whistleblower with demotions and other forms of mistreatment until they decide to quit can also be considered a form of wrongful termination called constructive discharge. Firing someone for engaging in what Columbus wrongful termination lawyers call a “protected activity” creates liability for an employer. Laws related to whistleblowing apply when employees report or discuss legal violations in the workplace. Employers also have legal obligations to protect the jobs and seniority of employees who get called up to active duty in the U.S. Cooperating with an investigation into a reported violation of employees’ rights or a reported health and safety violation.įederal and state laws in Ohio protect workers from race, sex, age, religious, national origin, disability, and pregnancy discrimination.Reporting health and safety problems, or.Reporting a violation of employees’ rights,.Understand What Constitutes Wrongful Termination A wrongful termination occurs when an employer fires someone for Our Columbus, Ohio, wrongful termination lawyers with Coffman Legal offer five essential tips on what to do. How one acts after getting fired for a reason that cannot be justified under the law can make a huge difference in determining whether the employer can be held accountable. What a person should do when they get wrongfully terminated is less obvious. Wrongful termination, or firing someone for an illegal reason, is fairly well-defined as a matter of law.
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