A woman in Denver is about to start her new job on Monday, which was actually her old job after recently taking a high-paying job and then being fired.
Why? For posting a Tiktok video about his salary.
Last month, Lexi Larson posted on her TikTok account how she found a new job in the tech industry that increased her income from $70,000 to $90,000. The video has been viewed 168,000 times. For the next two weeks, she posted more videos of how she got that job.
Larson said that soon after her employer discovered her TikTok account, she removed some of the videos for fear of anger from their owners.
In a video, Larsen said that he was fired for his posts.
“So, TikTok fired me,” said Larson, who went on to elaborate on knowing that talking about her salary under the National Labor Relations Act and why she took out some videos.
“…they fired me because they said I had this account was a security concern because I could post something private,” Larsen said.
Larson, who did not respond to USA Today’s request for comment, did not name his former employer and decided not to take legal action. But his dismissal raises questions about what you can or cannot say about your job on social media.
Can an employer block you from discussing your salary?
No, the National Labor Relations Act. Employees have the right to communicate with fellow employees and others about their wages. It is also illegal for employers to penalize, retaliate, threaten or supervise employees for having such discussions.
However, the National Labor Relations Board said, “When using electronic communications such as social media, be aware that your employer may have policies against using their devices.”
End with reason?
It is not known whether Larson used the company’s equipment, but, “the idea that his actions were a firing offense seems very harsh,” said Matthew BergmanSeattle-based attorney and founder of the Social Media Victims Law Center. It was only for two weeks.”
Larson may have a good case if she considers taking legal action, says Benita Joseph, a partner at Joseph & Norinsberg LLC in New York
. Was terminated for discussing his salary.” said Joseph, who noted that most employees are usually fired for disciplinary or performance reasons.
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Bergman and Joseph say employers will monitor employees’ social media accounts to make sure employees don’t engage in any illegal behavior, Joseph said.
“A company is very interested in ensuring that you are not engaging in discriminatory statements, not disclosing trade secrets, threats of violence and unlawful conduct,” Joseph said. “If they find out you’re doing any of this, that could be grounds for termination.”
“The taller you are, the more careful you have to be about what you post,” Joseph says.
Bergman said many people believe that what people do or say online, especially in relation to finances, is safe. But that is not always the case.
“I think it’s important to take a step back and be cautious when disclosing personal information on social media,” Bergman said.
“Whether it’s an employer watching your activities, or a potential swindler looking to take your money from you, I think it’s a dangerous road to take,” Bergman said.
He has another piece of advice.
“Maybe it’s better to keep your money matters offline,” concluded Bergman.
