Social media is where you can view pictures of your family, watch cute cat videos and have a political argument with a stranger in the space of five minutes. While you can find a few people with no social media presence, they are few and far between.
We post so much online that we don’t always stop to think about who’s viewing it. Unfortunately, one of those people monitoring your online activity may be your employer.
The First Amendment
California laws balance the fine line between the rights of employers and employees. As an at-will employment state, companies can fire employees for any reason as long as it’s not illegal. However, specific laws protect an employee’s right to engage in legal off-duty conduct, meaning they can’t be disciplined for partaking in legal activities when they’re off the clock and not on company property.
Still, there are limitations. If an employee posts something that affects the company’s reputation or reveals company information, it may be grounds for termination.
Employees also have the protection of free speech under the First Amendment. However, that refers to government interference and not private employers. Posts supporting political candidates may be protected, but some posts expressing beliefs or disparaging a particular group could be seen as hate speech and result in disciplinary action. Still, there have been several cases where individuals were fired for their social media posts and were successful in their wrongful termination lawsuits.
The best way to protect yourself is to familiarize yourself with your company’s social media policy. Use your privacy settings to control who sees your accounts. But remember that nothing is truly private on the internet, and anything you post could be shared beyond your intended audience.
If you were fired for something you posted online, it may be grounds for a wrongful termination lawsuit. You should discuss your situation with someone who can review the circumstances of your dismissal and provide options regarding your next steps.