Photo: Yan Krukau

Can you get fired for talking back to your boss?

That said, talking about your boss behind their back seldom ends well. Privately owned companies can fire you for insubordination. Employment-at-will workers may be fired on the spot. Unionized companies provide due process, but repeat offenders face progressive disciplinary action.

work.chron.com - Can Trash Talking Your Boss Get You Fired? - Work - Chron.com

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Firing an employee for personality conflicts isn’t a common practice because employers are more concerned with overall job performance. That said, talking about your boss behind their back seldom ends well. Privately owned companies can fire you for insubordination. Employment-at-will workers may be fired on the spot. Unionized companies provide due process, but repeat offenders face progressive disciplinary action. An understanding boss might sit you down for a heartfelt conversation about your disloyal behavior, but don’t count on it. Blanchard LeaderChat advises employers to do whatever it takes to nip trash talking in the bud before damage is done to the company's image and reputation.

What Exactly Is Trash Talking?

Trash talking is putting another person down, usually for self-serving reasons. Many athletes, politicians and romantic rivals engage in clever, witty, insulting or boastful trash talk to rattle an opponent. In work settings, trash talking is a little different because the employee and the boss are not direct competitors. Nonetheless, trash talking can damage the reputation of the boss and strain working relationships. Examples include: Making fun of the boss. Even popular bosses may be the brunt of jokes. Trash talking can include imitating peculiar mannerisms, making fun of vintage ties or laughing at the bologna sandwiches they eat for lunch every day. Teasing descends into ugliness when managers are mocked for their accent, age or ethnic food preferences, for example, and may violate discrimination laws. Venting about the boss. Employees often grouse about their boss and all the work they have to do. Trash talking goes a step further such as name calling or derogatory comments about the intelligence or character of the boss. Expressing pent-up frustration. Trash talk can be symptomatic of deeper problems that underlie employee anger and resentment. For example, a boss who sexually harasses employees, comes to work hungover or flies into a rage for no reason is ripe for trash talk.

Effects of Trash Talking

Companies take trash talking seriously because gossip and backstabbing saps morale and creates a hostile work environment, as explained in the Robert Half blog. Left unchecked, trash talking about the boss or anyone else, for that matter, hurts productivity and puts an organization at a competitive disadvantage. Employees who are dissatisfied with their employment can look for work elsewhere or raise concerns through appropriate channels.

My Boss Heard Me Talking About Him

If your boss heard you talking about him or her, you’re probably wondering what to do. Check your employee handbook to see if there are policies in place pertaining to workplace gossip or rumor mongering. That will give you an idea of what to expect if you violated a written policy. If your organization is less formal, you may want to request a meeting with your boss to apologize.

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Without making excuses or justifying your comments, acknowledge that you were out of line. State that you understand why such behavior is unacceptable. Stress that you will come to your boss to discuss any issues in the future instead of airing complaints inappropriately.

Trash Talking and Insubordination

Employers have the right to take disciplinary action up to, and including termination, if an employee is insubordinate. According to UpCounsel, insubordination includes abusive, uncooperative and disrespectful behavior. Trash talking about the boss after being told to stop can constitute insubordination. A strong case of insubordination can be made if the inappropriate comments made behind the boss’s back are part of a pattern of disruptive behavior in the workplace. Eye rolling, swearing, mocking management and insolence undermines the boss’s authority. Lack of professionalism in the workplace accompanied by blatant disrespect is grounds for dismissal.

Trash Talking on the Internet

Trashing talking on the internet can get you embroiled in a lawsuit. Depending on what you said and did, your employer might fire you and then sue you for defamation, slander and libel. Employment lawyers Simon Paschal PLLC explain that defamation claims can be brought against former employees who made false, malicious and intentional statements that caused demonstrable harm to another person’s professional reputation and cast dispersions on moral character. Many such claims stem from trashing talking on the internet. Although the U.S. Constitution protects free speech, not all forms of speech are protected. False and malicious allegations can cause irreparable harm to the reputation of a boss and to the company. When websites refuse to remove inflammatory and unsubstantiated allegations about an individual, legal action may be necessary.

National Labor Relations Act

All employees have certain protections under the National Labor Relations Act (NLRA), as explained by the New Jersey Business & Industry Association. Whether they’re members of a labor union or not, employees can talk to one another about working conditions, which is often how labor unions form. Employees can also discuss issues with their boss as part of legally protected “concerted activity,” provided they refrain from bullying and harassment. However, there are limits to what employees can say and do, as per the NLRA. For example, an employee may be disciplined for using the internet as a vehicle for inappropriate personal rants about being overlooked for a promotion by their lousy boss who wears thrift-store suits.

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Firing Unionized Employees

Employees represented by a labor union have rights outlined in their local union’s collective bargaining agreement with management. Disciplinary action in a union shop is progressive and cumulative, meaning employees are generally given an opportunity to correct problematic behavior. Unionized workers also have more latitude when it comes to publicly sharing opinions about management practices and working conditions. Trash talking the boss is another matter. For example, union employees can discuss their frustration with working conditions and their boss on social media, but they cross the line when they engage in name calling and defamatory character assassination of their boss, according to HG.org Legal Resources. Gossiping and spreading scandalous rumors about your boss’s personal life can also get you in trouble. An investigation leading to possible disciplinary action can ensue.

Firing Employment-at-Will Employees

Most states have employment-at-will employees who are under no obligation to stay with a company and can leave at any time. At-will employees can also be fired for any reason, says HG.org Legal Resources. The employer doesn’t have to justify cause or offer an explanation. The exception is illegal termination stemming from discriminatory treatment of employees who belong to a protected group as defined by state and federal human rights laws. Talking about your boss behind their back at work or posting snarky comments on social media is risky if you’re an at-will employee. If the boss finds out, you could be dismissed outright and shown the door. Small, privately owned companies are subject to less government regulation. You may not receive a second chance even if your comments were innocuous and said in jest to a friend at the bar and overheard by an eavesdropping coworker.

Alternatives to Trash Talking

Trash talking causes alienation and tension in the workplace. Most supervisors prefer that employees come directly to them if they have questions or concerns. Honest communication builds trust and mutual respect.

work.chron.com - Can Trash Talking Your Boss Get You Fired? - Work - Chron.com

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