Legal Question in Civil Rights Law in North Carolina

"Freedom of speech" only applies to the Congress and the state legislature. It does not apply to private employers and they can place whatever restrictions they want on speech. If you say something they do not like, they have a right to fire her. North Carolina is a right to work state, meaning that either the employer or employee is free to terminate the job at will unless there is some kind of employment contract that specifies otherwise.

If your wife values her job ( and in this economy, jobs are hard to come by), she should avoid posting anything about work on her facebook page. If she wants to exercise her right to speak freely, she can do so and be unemployed.

"Freedom of speech" applies to public employers. However, depending upon the content of the post, the National Labor Relations Act (NLRA) could provide protection. Employees who complain about the terms and conditions of their employment are proectedt under the NLRA whether or not they are members of aunion.

Complaints under the NLRA are filed with the National Labor Relations Board (NLRB). There have been a couple of cases in the past year involving employee Facebook posts. The NLRB has held that disciplining, firing, etc of an employee because of a post made on Facebook concerning terms and conditions of the workplace could violate the NLRA. My firm would be happy to communicate with you about this situation. If you go to our website you will see a button that allows you to email us. Please send the Facebook post if possible.