Can You Be Fired for What You Post on Social Media?

Social media has become a central point in our daily lives, essentially forming communities where we interact, connect, and share opinions. Social media seems anonymous, and we feel safe behind our phones or keyboards, but what happens when an employer encounters a worker’s social media accounts?

Employees have a right to expect privacy in their social lives, but posting on social media may forfeit that reasonable expectation of privacy. Can an employee be fired for their social media posts?

California’s At-Will Employment Law

Like most states, California is an at-will employment state. Under this type of employment law, an employer may terminate a worker’s employment at will, without having to show cause. Likewise, an employee may quit a job at will. Still, there are times when an employer’s firing of a worker could be legally considered a wrongful termination. For instance, if the employee is fired in retaliation for filing a complaint, or if they are fired due to a protected characteristic such as their race, country of origin, sex, religion, age, medical condition, or due to pregnancy.

Under the state’s at-will employment law, an employer may fire you at any time—including for something you posted on social media. However, if the job termination directly resulted from posting something on social media that revealed a protected characteristic, you may have a strong case for wrongful termination. If you believe you have been wrongfully terminated, it is important to contact an Orange County wrongful termination attorney who can help guide you through the legal process and ensure your rights are protected.

It may also be wrongful termination if an employer fires a worker who posted on social media to discuss their job with their coworkers. This is considered “concerted activities.” In the past, this rule referred to coworkers who gathered to discuss their workplace rights but now it is often applied to online discussions among coworkers.

Does an Employer Ever Have a Valid Reason For Firing Someone For Their Social Media Posts?

While it’s true that we are guaranteed the right to our freedom of speech by the First Amendment, it doesn’t mean that we are free from the consequences of exercising that right on social media. For instance, there may be times when an employer has legitimate grounds for terminating a worker’s employment due to their social media posts. Examples include the following:

• When the post breaches a non-disclosure contract
• If the post breaches a client or patient’s confidentiality
• If it discredits their employer
• If the post shows unprofessional conduct
• If they’ve posted trade secrets
• If an employee’s social media posts create a hostile work environment for others
• If the comments on social media reflect poorly on the company and could negatively impact business

Just as there are times when being fired for a post could be considered wrongful termination, depending on the circumstances, an employer could have a valid reason for firing an employee based on how their posts impact their company or business.

What to Consider Before Posting on Social Media

Employers regularly visit the social media accounts of job applicants to obtain a clear picture of the person they are hiring for their business. Likewise, it’s wise to consider that your employer may view your social media posts during active employment. If what you plan to post reflects poorly on your company, breaches confidentiality, or otherwise breaks employee protocol it’s best to avoid posting. However, if you were fired due to posting about a protected characteristic such as sexuality, race, or pregnancy, you may have a compelling case for wrongful termination. If you suspect wrongful termination after posting on social media, a California employment lawyer can review the circumstances of your case and evaluate its merit.