What to do if I posted a rant on FaceBook during my lunch break and I got suspended from work for it?

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What to do if I posted a rant on FaceBook during my lunch break and I got suspended from work for it?

I just want to see if there is anything I can/should do about this. I have to go to anger management class because of the rant. The rant didn’t say anything about my company or company’s clients. I feel this is a violation of my 1st amendment rights and possibly my 4th amendment rights, since the way they obtained the rant was through an outside source not affiliated with my FaceBook account.

Asked on March 14, 2012 under Employment Labor Law, California

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Although you have a first amendment right to certain forms of free speech, unfortunately that speech may restricted by employers if it is considered to incite violence within the workplace. Also, because this appears to have been done outside of the company's premieses and control, the major issue if you plan to seek some form of litigation against the company is whether or not the company, its employees, or affliates were implicated in the rant. Contact a labor or employment law attorney in your area for further guidance.


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