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When can posting on social media have employment consequences?

On Behalf of | Jan 30, 2025 | Employment Law For Workers |

Social media is a great way to keep up with friends and family. You can share glimpses of your life in photos and written posts. However, it is very important that you think twice about what you post if you think your employers also read your posts. Sharing certain information could potentially get you fired.

These days, most companies have a social media provision in their employee handbook. This is meant to prevent employees from giving away information that the company isn’t ready to share.

It also sets a code of conduct regarding how employees should behave online. Employers don’t want their employees using foul language online or acting in a way that paints the company in a negative light. Employers expect their employees to conduct themselves professionally both on the job and on social media.

What about the First Amendment?

While the First Amendment does guarantee the right to free expression, it mainly shields citizens against governmental censorship. Most states, including California, have a policy of “employment at will,” which means that companies can fire workers for any legal reason — even potentially what they post on social media.

Challenging a summary dismissal due to social media posts

A summary dismissal under ‘at-will’ employment regulations can be appealed if the employer’s contract does not specify the grounds as they pertain to social media. The National Labor Relations Board (NLRB) protects employees who discuss work-related matters online, but they must prove other people also participated in the discussion. State employees can argue against termination for social media expression under the First Amendment, while private sector employers cannot.

If you were fired from your job due to what you posted on Facebook, Instagram or any other social media platform, seek legal guidance with determining if you have case. Having the right guidance can significantly impact situations like these.