Firing a problematic employee isn’t the only option for dealerships, but many take that route — particularly when evidence of discrimination is shared widely online.
Stephen Stern, an employment and commercial litigation attorney in Maryland, said most employment is at-will, meaning employers can terminate employees for any reason. Notable exceptions to at-will termination include anti-discrimination and anti-retaliation/whistleblower statutes, some common-law exceptions and contractual agreements such as collective bargaining.
Some states have implemented protections for off-duty conduct, but in cases where what employees do on their personal time impacts the company’s business, Stern said it is understandable that those companies take action to protect the brand.
If an employee were to sue for wrongful termination after being fired for online misbehavior, their social media conduct is not above scrutiny.
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