If my employer's logo is on my Facebook Profile Photo, do my comments represent the employer?

[Seth W]

I have a fun photo of myself wearing a hard hat with my employer's logo and trademark on it. I use that photo as my Facebook Profile Photo. I am wondering if my employer would consider that to mean my posts represent them -- if so, I need to take it down. I don't want to, because I like the photo, but I like my job better than the photo.

[jam]

If I were you, I wouldn't risk it.
After all, it doesn't take much effort to take down the photo and it would take a huge effort to find another job!

[Jay]

Yes, your employer will want you to take it down. While you may not officially represent, your personal posts can reflect on them.

Talk to HR about this.

[realistic girl]

Yes. You should take that down.

[Libraryanna]

Big mistake. People will think it does regardless of what you intend. They can fire you and they can sue you if you make them look bad.

Take it down or blur the logo.

Dont' talk to HR. They work for your boss, not you, and they will report it.

[Gerry S]

Legally, you wouldn't be representing the company. However, if your profile says you work there (or you have a picture with the logo), then the company understands that your comments reflect upon them. It's not about whether the picture is there or not. It's about whether you're presenting a reasonable image of what their company should look like. Don't make any statements on Facebook that you wouldn't make at work. That's not private stuff, and it has been established that your employer is allowed (legally) to react to your behavior on Facebook.

[Adam K]

The law is not perfectly clear on this issue. No, the picture does not mean you represent your employer but your employer is being identified with your FB content. If the picture or your comments are disparaging towards your employer you can likely be disciplined up to termination. Otherwise, your employer may not like that you have identified yourself as an employee of the business but it cannot (under the NLRA) require you to remove any mention of your employment.

From a common sense standpoint, I would probably avoid using that picture.