There is no such thing as employees using social media “off the clock,” argues Eric B. Meyer on The Employer Handbook. He says that even if a tweet or Facebook update occurs outside the office, it can still affect the workplace.
For example, Meyer cites the case of a waitress in Findlay, Ohio, who alleges that Texas Roadhouse fired her after she complained on her own Facebook page about a customer who left a bad tip.
He says the waitress made the mistake of talking about an “a**hole” customer, who was one of her Facebook friends. The “friend” showed the post to the restaurant manager, leading to her firing.
Meyer says what the waitress did was worse than if she made the comment to the customer’s face, arguing that by posting it, she not only embarrassed the person, but she did so publicly. “That’s a terminable offense. Period,” he says.
In a separate incident, he says SiriusXM terminated Anthony Cumia of the Opie and Anthony Show, after what Meyer describes as “a vulgar, violent, racist, sexist Twitter tirade.”
While Cumia tweeted on his own time, Meyer says his rant went viral and became public. Thus, he says, SiriusXM decided Cumia wasn’t the type of person it wanted to continue to employ.