Workers have had a lot to gripe about over the past few years. Many returned to offices under orders they disagreed with. Some faced layoffs. And they’re sharing their stories and commiserating together on social media more than ever. 

Over a third of workers overall (and about half of Gen Zers) admit to posting about their job or employer negatively on social media, according to a recent survey from Owl Labs including responses from over 2,000 full-time U.S. workers.

About 20% have posted content negatively related to their job on their personal social channels like X, Instagram and Facebook, and 15% posted on their personal TikTok accounts.

Some 13% have posted anonymously on sites like Glassdoor. And 15% admit to recording conversations or meetings with their employer.

“Hybrid work is not only here, but probably here to stay long term. And those in-person social moments don’t happen as much anymore, so I think employees are looking towards social platforms as a way to speak out,” said Owl Labs CEO Frank Weishaupt.

Federal law allows coworkers to organize online as a form of protected concerted activity — but it must be a part of efforts to gain better working conditions. They can discuss pay, benefits and other complaints over working conditions in online forums. 

However — “Such activity is not protected if you say things about your employer that are egregiously offensive or knowingly and deliberately false, or if you publicly disparage your employer’s products or services without relating your complaints to any labor controversy,” according to a National Labor Relations Board webpage.

Being authentic online

With the rise of social media and younger generations’ pursuit to be more authentic online, handling staff’s social media use outside work is coming up far more often today for HR and legal teams, said Jill Kahn Marshall, partner and employment attorney.

“I think almost every company that’s large enough to have an employee handbook typically now includes some reference to a policy surrounding employee activity on social media, because it’s obviously so ubiquitous, and it can certainly end up having impacts in the workplace,” Khan Marshall said. But there isn’t really a one-size-fits-all, standard policy for companies to adopt, she said. 

“The main objective of policies is typically to limit employees’ abilities to disparage their employer on social media, to make public false statements about their employer on social media, and then any social media posts will also be subject to scrutiny under the employer’s anti-harassment and anti-discrimination policies as well,” she said.

“I think another one of the objectives of these policies is to make clear to employees that in today’s day, employer policies do not stop at the physical office.”

Jill Kahn Marshall, partner and employment attorney.

“I think another one of the objectives of these policies is to make clear to employees that today, employer policies do not stop at the physical office,” she said.

Some other key language typically found in corporate social media policies is for staff to not act as a representative of the company when posting on personal accounts. Many also often cover not posting proprietary company information or trade secrets, said Niki Ramirez, founder and principal consultant at HR Answers, a human resources consultancy.

Private vs. personal accounts and employees’ rights

They also might include specifics around employees’ rights regarding posts on private versus public personal accounts. This year New York joined a handful of other states to pass laws prohibiting employers from accessing employees’ and job candidates’ private social media accounts. 

“The main takeaway around these issues now is that they’re becoming a lot thornier,” Kahn Marshall said. “There used to be less pushback, where if an employee did something inappropriate online, there was more of a consensus around the fact that it might warrant a termination. And now more protections are popping up,” she said.

“But I just always tell employers they need to be really up to date on the recent laws and to weigh these decisions carefully,” Khan Marshall said.

Employees terminated for content they posted on personal accounts may file wrongful termination lawsuits, like those claiming discrimination, she said.

More recently, regarding the Israel / Palestine conflict, “Let’s say someone who posts on one side of that conflict gets terminated, and then they claim people who posted the opposite views did not get terminated. So then they might say they’re being discriminated against because they were treated differently than people in different protected categories,” she said. 

How HR should handle it

One big problem for employers and employees regarding personal social media use is often a lack of clarity and awareness when it comes to a company’s specific policy. 

“I don’t necessarily believe that this has been addressed on a regular basis, but it really should be,” Weishaupt said.

“How do we invite people to complain at work? Because everybody needs to complain, whether it’s to their team member, their leader, or an anonymous link on the internet.”

Niki Ramirez, founder and principal consultant at HR Answers, a human resources consultancy.

But ultimately it should be expected that employees will complain about work, and increasingly engage with more online content in a personal capacity. HR professionals should accept that and instead find better, more productive avenues for them to vent their work frustrations, Ramirez said. 

“How do we invite people to complain at work? Because everybody needs to complain, whether it’s to their team member, their leader, or an anonymous link on the internet,” she said. 

“If we have a good problem-solving policy, to refer people to and give them multiple outlets to complain and air their grievances, then it’s less likely that they’re going to take it to the public,” she added.