Social media has become a part of our daily lives, allowing us to express opinions, share moments, and connect with others worldwide. But what happens when your social media activity intersects with your professional life?
Many employees ask this: can you be fired for social media posts made outside of work hours? Unfortunately, the answer isn’t always straightforward and often depends on the nuances of employment law, workplace policies, and your employer’s perception of your online activity.
Barrett & Farahany explore the key considerations regarding employment and social media use, including at-will employment, potential reputation risks, social media policies, and legal protections.
Understanding At-Will Employment Concerning Your Social Media Use
Most employment relationships in the United States are defined as “at-will.” This means that your employer can terminate your employment at any time, for any lawful reason—or no reason at all—without prior notice (unless a contract states otherwise). Social media activity outside of work hours is no exception to this rule.
Employers are legally allowed to take action if your social media posts:
- Conflict with your employer’s values
- Threaten the company’s reputation
- Suggest behavior that could harm workplace productivity
Employer action can take the form of terminating your employment.
However, there are important legal exclusions. Dismissals based on protected characteristics, such as race, gender, or religion, are unlawful. But beyond these protections, your activity on platforms like Facebook, Instagram, or Twitter could very well lead to consequences.
Social Media Posts and Reputation Risks
Employers place significant importance on their company’s image. When an employee’s public social media posts come under public scrutiny, it can reflect directly on the employer — sometimes with damaging effects.
Posts that could tarnish a company’s reputation, harm relationships with clients, or indicate unprofessional conduct may serve as grounds for disciplinary action, even if these posts are made outside of work hours.
Some examples of social media posts that could lead to termination include:
- Derogatory Comments: Criticizing your employer, coworkers, or clients online.
- Offensive Content: Sharing discriminatory or inappropriate material.
- Illegal Activity: Posting content that promotes illegal behavior.
- Unprofessional Behavior: Sharing posts at odds with industry standards or your company’s values.
Knowing Your Company’s Social Media Policy
Every company worth its salt likely has a “Social Media Policy” in place. These guidelines outline what your employer considers acceptable online behavior and provide a clear framework for employees. Violating these policies can lead to significant consequences, including termination.
What should employees do?
- Please review your company’s “Social Media Policy” carefully. Most of these policies are detailed in the employee handbook or shared during onboarding.
- Understand that these rules often extend to your activity outside of office hours, especially if you publicly identify as an employee of the company.
- Reach out to HR to clarify any uncertainties regarding these policies.
Ignoring your company’s guidelines could leave you vulnerable to inquiries or disciplinary actions if your online activity crosses the line.
Legal Considerations and Employee Rights
While companies have the right to take action against harmful social media posts, their authority is not without limits. Federal and state laws protect employees from certain types of unfair or discriminatory treatment. For instance, an employer cannot legally fire you based on social media posts that reference protected characteristics such as race, gender, religion, etc.
Additionally, under the National Labor Relations Act (NLRA), employees have the right to discuss working conditions or organize with coworkers, whether online or offline. Posts addressing issues such as wages, safety, or hours may be protected under federal labor laws.
That said, navigating these laws can be complex. This is where support from experienced labor attorneys can be invaluable. Barrett & Farahany assist employees who suspect their rights have been violated. From filing claims with the Equal Employment Opportunity Commission (EEOC) to representing workers in court, their services provide employees with a path to justice.
Practical Tips to Protect Yourself on Social Media
To effectively balance professional and personal life while maintaining an active online presence, follow these guidelines:
- Understand Your Privacy Settings: Adjust your social media privacy settings to control who can view your posts. While this won’t entirely shield you from potential scrutiny, it will add a valuable layer of protection.
- Pause Before You Post: Consider how your post might be perceived by your employer, colleagues, or a broader audience. If there’s any chance it could reflect poorly, think twice.
- Separate Professional and Personal Profiles: While not foolproof, keeping your work and personal accounts separate can help minimize employer oversight of your private activities.
- Stay Aligned with Policies: Maintain a clear understanding of your organization’s “Social Media Policy,” and ensure your online activities align with those guidelines.
- Avoid Controversial Topics: Limit participation in heated debates around sensitive issues like politics or religion on public forums—particularly if you’re tied to your company by association. Politics and religious beliefs are not protected characteristics.
- Document Missteps: If disciplinary action is taken against you due to social media activity, document every detail. This will be valuable if you need legal assistance.
Take Action if Your Rights Are Violated
While laws certainly exist to protect both employers and employees, conflicts can still arise. If you feel you’ve been terminated unfairly or your employee rights have been ignored, seeking legal counsel is crucial.
The legal team at Barrett & Farahany has a proven history of helping workers identify violations of their rights, gather evidence, and fight for justice—whether it’s through EEOC claims or direct action against employers in court.
Don’t allow your employer’s decisions to impact your career and well-being unfairly. If you believe your termination or treatment was unlawful, contact Barrett & Farahany today for guidance.
