Can my Employer ask me to take down my Facebook?

[Sheena]

I have a Facebook, though I do not have it tied to my workplace in any way. It's listed as private through and through, so no part of it is accessible to folks outside my friends list.

I DO NOT have my workplace listed as a company on my facebook, nor do I ever mention or talk about working for said company.

I DO NOT have any coworkers listed as friends, and do not socialize with them outside of the work place. I keep the two very separate.

Recently I received a call from our corporate office, demanding I remove my facebook and delete my account because a picture that I have sets "a bad image for the company" and is"violent and vulgar." It was a picture of my new handgun, which I took training courses for, and is registered and licenced to me.

Since it is my personal media page and is not in any way used to represent my workplace or in any way connected to it, can they legally tell me to remove myself from the social networking site?

[This Is]

No he can't...America is a free country

[Skunky]

I dont know the law but recently there have been heaps of instances where teachers have been asked to remove photos of themselves off facebook where they are wearing bikinis etc. I am sure that your work cant make you delete your FB account, but perhaps they can have some say about the content. You do represent them to some extent. however I really doubt that they can MAKE you. Not sure though, its a curly one. Also guns are very contriversal at the moment with the constant shootings and gun law reforms etc. Perhaps your work is worried it may come across as pro gun when many people are against them.

[Luke]

If you dont have your work place listed, than they dont have a right to ask you to take your facebook down since it does not involve the company, they can only request that you do not associate your facebook page with the company. This is also the case when employers ask you to provide them with you facebook password, they are not allowed to do that. Many people get intimidated and give in or just delete their facebook account. You have rights to your privacy, and what you do in your private time (with the exception of breaking the law) is your business, not the company's. What they're doing is kinda illegal but also kinda isn't. Since social networking sites are fairly new still, there aren't any rights protecting users of such requests. However, if a company asks you to give up the password to your account, they are asking you to violate the "terms and agreements" you clicked "ok" when starting the account, in which case, you are protected. I also say it's kinda illegal because what you do outside of company time that is not related to your work is none of their business, and if you get fired for that, than you may have a winning case if you decide to sue. The only thing they can do is request you dont put any pictures up with photos that have the company logo or something like that.

If I were you, I would make your facebook page even more private. I think there are some options to prevent people from looking you up using your email or find you on google by just typing your name.

Account settings > Privacy > Who can look me up?

I would also change the email on your account to something else to make it harder for them to look you up and keep bugging you.

[A Hunch]

You work in the US, almost all employment in the US is "at will" = this means that you can leave employment at any time, with or without notice. The same LAW allows an employer to get you go at any time, with or with out notice and in alll states but Montana without a reason (Montana needs a reason but it doesn't have to be "good" reason).

So what part of you need to take it down and remove your account, do you not understand?

[Will]

In the US employers don't need a reason to fire you unless you are protected by a union or a contract. As long as it's not race, religion, sex etc based they can dream up any reason at all to let you go.

You can get unemployment since it's not misconduct. You decide how you want to handle it.

[jamie]

The basic answer is, yes they can ask. Can they fire you for not complying - yes, but you may have legal recourse.

As other commenters have noted, US is mostly an at-will workplace where an employer may terminate you for any reason. Technically, there is no law that prevents the employer from firing you for any reason under the sun (except for specified discriminatory reasons, such as sex, race and religion) or for your refusal to perform an illegal act, thus such a dismissal would not be against an established law ("illegal").

There is a tort under civil law which you can receive compensation for being dismissed in a "wrongful" way. There is recourse against such actions though, such as you can claim unemployment (which cost the employer higher premiums for years in their unemployment insurance) and can open them up to a civil tort of "wrongful termination". The difficulty is proving that they fired you wrongfully (basically by requesting that you abridge your first amendment rights which has no direct connection to the company, they are impinging upon your constitutionally guaranteed rights as a part of the job, which could be the basis of a wrongful termination suit - in the past, such suits have cost employers millions of dollars in settlements and judgements). Have them put the request in writing where you have documentation of that request.

This is being provided solely for informational purposes. It is not intended to be legal advice, opinion or representation.

[imgeminirising]

If you were private, then how did they access anything on your FB? I don't believe they should be able to access your pages without your permission, but I can see their point in this day and age of people shooting up the workplace....they probably feel they are protecting other employees, and maybe they are. Offer to remove the photo and if you want to share this kind of information, do it in email instead. I do not believe they actually can insist you take your page down...unless you have been accessing it from work on company computers.