Johnny C. Taylor Jr., a human resources expert, discusses his questions as part of a series for USA TODAY. Taylor is president and chief executive officer of the Society for Human Resource Management, the world’s largest human resources company.
Questions are sent through readers and Taylor’s answers below have been edited for reasons of duration and clarity.
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Question: Can an employer fire a painter for what he posts on his private social media accounts, if the messages are not discriminatory, incendiary, etc.? I have read that whenever an employer has a policy that painters can be fired for posting political reviews on social media, the employer can do so. But when does an employer violate a painter’s right to freedom of expression when it has nothing to do with the paintings for which the painter hired and is not on a corporate social media platform?
Johnny C. Taylor Jr.: Short answer: Generally, yes.
Unless there is a collective agreement or employment contract, employers may dismiss workers with or without an explanation of the reason, as employment in the maximum states is “at will”. This may sound harsh, but we’ll go in any direction: each party (employer or employee) can end the appointment to get an explanation at any time.
With respect to the First Amendment, yes, it prevents the government from passing laws or taking measures that restrict freedom of expression. But let me be clear: this does not apply to personal employers or someone who wastes their homework due to comments on social media.
That said, in some cases, there may be protections for workers facing dismissal for their social media posts. In recent years, the National Labor Relations Board (NLRB) has issued rules for employers related to virtual worker behavior on social media. Private sector workers have the right to participate in what is called “concerted activity” under the National Labour Relations Act. An employee’s posts on social media platforms can be considered concerted, or in other words, if they talk about execution situations such as payment and benefits.
This would raise this: if workers have secure privacy rights, corporations also have the right to establish safe popular behavior for their workers. Today, it is not unusual for employers to have a social media policy that sets such expectations. This may sound Orwellian, but from an organization’s point of view, it’s usually less about censoring its discourse than protecting its image. Like it or not, at the time or at a stop, in public or online, you are a logo ambassador!
It is not clear from your inquiry whether you are involved in your speech or that of an employee. But in any case, I propose to contact RR. Hh. and learn what policies apply to the existing situation.
I’ll do your best.
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Q: How can we manage the return of painters to paintings after a holiday near the “hot spots” of COVID-19?
Taylor: At the end of the summer, many painters repaint after their vacation. This is, of course, the general speed of the place of the paintings; However, as you may have noticed, this year is still a general one. Everyone, employers and painters, we do the same, but in ordinary cases that require coordinated and careful navigation.
I would like to start by confirming that your organization has a policy that anticipates this issue. It deserves to imply that if workers move to such an access point (as designated by the state and forums of the Centers for Disease Control and Prevention), then they deserve to relax by running from home in the first place. That’s probably not an unusual sense at this point in the pandemic, however, I would add that it’s vital to abide by the latest regulations and guidelines, from the local to the federal level. Things, as you know, seem to change.
It should also be noted that some states have forced travelers to be quarantined upon returning from a trip. In other words, the main points could possibly have already been made a decision for you. You didn’t mention where you work, so I can only say that you want to know the recent and applicable top points. Some settings may be mild. But others can also make the difference between useful advice and an absolute mandate.
Of course, not all paintings can be made at home. In such cases, painters would likely be placed on leave or continue to use their paid leave. While employers are not required to pay for more licenses, I strongly suggest that they do so when they can. (Again, stay on top of the latest regulatory adjustments and leave the law at all levels).)
While some employers are involved in the potentially exploiting of these policies, it is obviously more to exercise caution and genuine empathy. After all, if employers do not act and passively allow the license charge to come out of the staff wallet, other staff with similar plans and a greater desire for your paycheck may be less likely to disclose your trip. Not only does it jeopardize the physical condition and protection of your workplace, but it is absolutely false. People have their paychecks and, for some, the lack of a bachelor, without being to blame, can also be a disaster.
Of course, the most productive practice is to create a policy and a procedure that explains the needs before workers go on holiday. This will save your office non-literal headaches and you and your workers will do what’s most productive for everyone.