Federal Employees and Social Media Use – Tips
Social Media Use by Federal Employees
For the past 7-10 years, we have seen social networking issues continue to arise in our representation of federal employees in the federal workplace. The bottom line is that it general makes sense to avoid using social media in the federal workplace. Numerous issues keep arising with federal 
employees being subject to discipline or even removal for use of social media. We frequently represent federal employees accused of misconduct involving social media in the federal workplace. Some tips and thoughts follow.
Pitfalls of Social Media Use in the Federal Workplace
Federal agencies use information posted on Facebook, X, Instagram, Linked In and other social networking sites when they discipline federal employees. Many federal employees have had to appeal these issues to the Merit Systems Protection Board (MSPB) when they receive serious discipline or removal.
Anything that is posted on a social networking site like Facebook or X can potentially be brought back into the federal workplace. Some federal agencies have removed federal employees for their use of social media. Delfora v. Dep’t of Navy, 2024 MSPB LEXIS 4141 (July 15, 2024) (Appellant removed, in part, for posting an article on workplace violence on social media; Vidal v. Army, 2011 MSPB Lexis 4788 (Aug. 5, 2011) (Agency removed employee because of alleged anxiety producing comment on Facebook that was reported at work).
Other Social Media Cases of Concern
Other federal agencies have also attempted to discipline federal employees where they have called in sick, but then used posted information on social networking sites to show that the employee was untruthful in using sick leave. Hunter v. Dep’t of Navy, 2011 MSPB Lexis 3159 (May 11, 2011) (involving allegation that the appellant had called in sick to watch the Superbowl but had posted information on Facebook that he was not really sick).
Other issues that seem to be developing where Federal employees are found to have posted comments to social networking websites while at work (on duty). Sometimes, these have resulted in charges that the federal employee has been compensated for person time spent on social media. All sorts of potential issues could develop in such a situation. If an agency is looking to discipline a federal employee, they could potentially charge them for “time card” issues alleging that they were receiving pay but not actually working or perhaps for neglecting their duties while they were on Facebook, X, etc.
The Use of Facebook, X, Instagram and Other Social Networking Websites at Work
Typically, the use of Facebook and other social media websites by federal human resources officials and supervisors at federal agencies has not been in the form of direct monitoring (which would be problematic and potentially illegal). However, other federal employees or supervisors have reported the social media content of other employees to Human Resources personnel in the past. As you see the real issue that has developed in the context of federal employment is that other co-workers often times print out the postings made by other federal employees and then report them.
Sometimes these individuals, who are “friends,” “followers” or connections on social networking sites allege that the federal employee involved has posted inappropriate, discriminatory or even harassing comments. The most likely situation would be where a federal employee posts inappropriate or angry comments about their supervisor and another co-worker prints out the comments and brings them into work.
Once this information is in the hands of the federal agency, often times they can find a legitimate connection to incorporate the issue into a disciplinary or even a removal action. While there is a right to some privacy and even the First Amendment, often times a connection (or nexus) to the Federal workplace can be found to enable the Federal agency involved to take disciplinary action related to off duty activities. The MSPB and the Federal Circuit have generally held that off duty activities can be subject to discipline where it could cause the public or co-workers, to question or lose confidence in the Federal agency involved. See Stump v. Department of Transportation, 761 F.2d 680, 681-82 (Fed. Cir. 1985).
Know your Agency’s Rules on the Use of Government Internet or Computers
Lastly, it is important to take a look at your agency’s policy on use of government internet or computers. Often, many policies will restrict social media usage. One example is from the Department of Commerce and can be found here.
Contact Us
Be careful what you post on social networking sites. Also, be very careful about sharing access to your social networking sites with others at work in the federal workplace. If a federal employee or supervisor finds themselves in a difficult situation as a result of using social networking websites, they should contact an attorney familiar with these types of Federal employee issues to advise them in how to best to defend against disciplinary investigations or disciplinary actions that result. We can be contacted for possible representation in these cases.
