Can an Employer Fire You for What You Post on Social Media?

Posting on social media can seem harmless, until your boss calls you into the office to discuss your last tweet. Since the advent of social media sites, many employees have learned one lesson the hard way: yes, employers can in fact fire workers for things they post online. While this issue is not exactly black and white, it is possible to get into trouble at work for something you posted on social media—even if it was part of your personal life. Get the facts on this legal issue before you share your next post.

California Employment Laws

Like most states, California abides by at-will employment laws. This means that the employee doesn’t need to give a notice before quitting and an employer doesn’t need a reason to terminate an employee. If the employer has a legal reason (e.g., not a discriminatory reason) to fire the employee, he or she does not have to give a reason. Unless an employee has a contract with the employer that states otherwise, at-will laws mean that a social media post could be enough to result in job termination in California.

Protected Concerted Employee Activities

The National Labor Relations Board gives employees the right to engage in “concerted activities.” This means that employees have the right to discuss their jobs – including complaints about their jobs, employers, and working conditions—with other employees without fear of termination. This law comes about because of the right workers have to form unions and band together to improve workplace conditions.

Due to the protected activities law, employees may have the right to complain or vent about the workplace on social media if doing so is an attempt to discuss the issue with coworkers. If it’s not for coworkers, however, it might not be a protected activity and it could be a reason for termination. Whether the post falls under the board’s protection depends upon the situation.

Social Media Posts

Another situation in which an employer cannot legally terminate an employee is if the action stems from discrimination against a protected class. Employers in California cannot fire workers because of their religious beliefs, gender, sex, race, disability, or age. Doing so goes against Title VII of the Civil Rights Act of 1964, which protects employees from discrimination in the workplace. If the social media post that resulted in job termination had to do with the employee’s protected class (e.g., a photograph that depicts a same-sex relationship), it’s possible that the firing is discriminatory and therefore illegal.

Violating Employment Agreements

In some situations, social media posts can legally lead to job termination in California. If an employee posts company secrets online, for example, this could violate an employment agreement and expose the employee to risk of losing his or her job. Posting photographs or information that put the employer in a bad light and damage the company’s reputation can also cause dismissal. Using social media while at work could also be grounds for firing.

Since social media and employment is a relatively new field of law, talk to an employment law attorney about your rights. If you believe you have been unlawfully fired because of a post on social media, contact our Los Angeles wrongful termination attorneys today to learn more.