Are employers allowed to post about former employees on social media?
In Washington, employers are allowed to post about former employees on social media, but it must be done in accordance with social media law. This means that employers must be careful that their posts don’t contain any information that could be considered libelous, defamatory, or discriminatory. The National Labor Relations Board (NLRB) and the Washington state courts have both determined that employers can post about former employees, but the posts must accurately reflect the employee’s performance and may not contain any statements that could be considered misrepresentations or untrue statements of fact. In other words, employers must ensure that their posts about former employees are truthful and cannot be considered lies. Additionally, employers must take care that their posts do not violate any anti-discrimination laws. For instance, employers may not make any comments based on a former employee’s age, disability, national origin, race, religious affiliation, gender, or sexual orientation. Ultimately, employers are allowed to post about former employees on social media, but it must be done in accordance with social media law. Employers must take care to only post accurate information about former employees and must ensure that their posts do not violate any anti-discrimination laws.
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