What to Do When Youre Caught Complaining About Your Boss on Facebook - CareerEnlightenment.com

Your employer has the burden of proof. If your employer asserts that you are acting as a “lone wolf” to disparage or malign another employee, your boss or the company or brand, they must prove their allegations before you can be charged.You cannot be prosecuted for legal online activities you undertake while not on duty. If posts you make during non-work hours are legal and are not related to your work duties, your employer cannot hold you liable.Your employer cannot prosecute you for broad-brush “offenses.” The NLRB has pushed back against companies that create too-broad social media use policies. If your employer’s social media policy includes such broad language as to rule out most types of work-related online conversations, their case may not stand up in court.Your state determines whether your employer has access to your social media accounts. Six states have now made it illegal for employers or recruiters to ask employees or candidates for their social media account p asswords. Be sure to know your state’s policy on this issue before handing over your passwords to your employer.What to Do if Your Employer ProsecutesRegardless of whether your employer has a case or not, this may not prevent them from bringing a lawsuit against you in regard to your social media activities. If you do find yourself in a legal situation that stems from work-related conversations online, here is what you should do.Contact the NLRB and explain the situation to find out how strong your employer’s case is.Speak with your employer to find out if there is a way to resolve the issue out of court.If more than just yourself is named, convene with affected others to discuss group representation.Locate a qualified attorney and hire representation of your own to fight the charges.Ultimately, responding promptly and definitively to any social media-related legal charges levied against you by your employer can show good-faith effort to resolve the situation quickly and for eve ryone’s benefit.Andy Chung uses his masters degree in management  from Catholic University to head up the HR department at a mid-sized technology company. He also leads monthly lunch-and-learn seminars for employees on social media etiquette and best practices.