Question:
Can we ask an employee to take down questionable posts on social media? For example, if they were in a company shirt with our logo on it, doing unprofessional things like drinking and smoking, or if they were hosting their own event but had our company mentioned in the post, somehow making it seem like we are sponsoring/a part of it.
Answer:
You generally can address off-duty social media conduct when there’s a business impact (brand damage, client relationships, safety concerns, harassment, etc.), with a big caution flag for NLRA-protected activity (posts about pay, schedules, working conditions, organizing, etc.). Here’s a practical, low-drama way to handle it.
1) Before you talk to the employee: do a quick “sanity check.”
A. Confirm what you actually saw
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Was it publicly viewable (no password, no “friend request,” no logging into their account)?
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Get a screenshot (date/time visible) and document who saw it and how it came to your attention.
B. Identify the “company nexus”
You’ll be on strongest ground when one of these is true:
You’ll be on strongest ground when one of these is true:
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They’re in a company shirt/logo and the content looks unsafe/unprofessional
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The post implies company sponsorship/endorsement of their personal event
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It risks client trust, brand reputation, or workplace relationships
C. NLRA check (important)
If the post is really about “my pay is trash,” “we’re understaffed,” “our manager is sketchy,” etc. and it’s tied to co-worker conversation or group action, it may be protected concerted activity, so you don’t want a policy (or a manager) overreaching.
If the post is really about “my pay is trash,” “we’re understaffed,” “our manager is sketchy,” etc. and it’s tied to co-worker conversation or group action, it may be protected concerted activity, so you don’t want a policy (or a manager) overreaching.
2) How to start the conversation (script you can edit and use)
Keep it calm, specific, and brand-confusion focused.
Option A: Company logo + unprofessional behavior (drinking/smoking)
“Hey [Name], quick check-in. A public post came to our attention where you’re wearing a shirt with our logo while [describe behavior neutrally]. When our branding is visible, it can look like the company is connected to what’s happening in the post. That’s the concern—public perception and client trust. Can you take it down or repost it without our logo visible? Going forward, please avoid posting content with our branding when it could reflect back on the company.”
Option B: Personal event that looks company-sponsored
“I saw your post about [event]. The wording/branding makes it look like the company is sponsoring or affiliated. We’re not involved, so we need that clarified to avoid confusion. Would you be willing to edit the post to remove our name/logo, or add a clear line like ‘Personal event—company not affiliated’?”
Close with clarity, not threats
“This isn’t about policing your personal life—it’s about when the company name/logo gets pulled into it.”
That sentence saves relationships.
3) Should the policy say you can request removal?
Yes, but write it narrowly, and focus on endorsement confusion + brand misuse, not “we can make you delete anything we don’t like.”
Add language like:
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Employees may not use company name/logo in a way that implies endorsement, sponsorship, or official involvement unless authorized.
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If a post creates reasonable confusion about sponsorship/endorsement, the company may request removal or correction (edit, disclaimer, crop logo, etc.).
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Nothing in the policy is intended to restrict legally protected rights (NLRA/Section 7).
Also, be careful with overly broad “don’t use our logo ever” rules, those can create NLRA issues if they chill protected discussion.
4) “Is it an invasion of privacy to be snooping?”
If you’re viewing public content, you’re generally not “invading privacy.” The risk is more about:
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How you got the content (don’t demand passwords, don’t “shoulder surf,” don’t coerce access)
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Consistency (don’t enforce only against people you dislike)
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Overbreadth (don’t discipline for protected concerted activity)
A good practice is that you’re not “monitoring,” you’re responding to a business concern that was reported or publicly visible.
5) What if they refuse or keep doing it?
Use a normal corrective action ladder, tied to policy and impact:
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Coaching + request to edit/remove
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Written warning (cite the policy section + prior coaching)
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Discipline up to termination (if the harm/risk is serious or repeated)
6) A few “safe” policy add-ons that prevent 90% of problems
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Disclaimer rule: if they mention the company in a personal post, they should add: “Views are my own; not speaking for employer.” (Often considered a lawful approach.)
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No implied endorsement without written approval
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No confidential info/client info
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No harassment/discrimination online that impacts the workplace
I hope this helps.
Lisa Smith, SPHR, SCP
Note: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a legal professional for advice specific to your situation.
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