Fired for Social Media Posts? What You Can Say Online

At-Will Employment and Online Posts

Outside of a union or contract, an employer can generally end employment for any lawful reason, and a post that embarrasses the company or breaks a reasonable policy can be one. Our article on at-will employment explains the exceptions. Free-speech protections in the First Amendment limit the government, not private employers, so a private employer is not required to tolerate every post just because it is your personal account.

When a Post About Work Is Protected

The National Labor Relations Act protects employees who act together, or on behalf of coworkers, to improve pay and working conditions. The NLRB explains in its guide to protected concerted activity that this does not require a union and can include discussing wages with coworkers about wages, schedules or safety. A post can qualify when it is about those shared concerns and invites or responds to coworkers, even if it is on a personal account and written off the clock. The NLRB also notes that an employer rule that would discourage employees from this kind of discussion can itself be unlawful, under 29 U.S.C. 158. Supervisors and some other categories of workers are not covered by this law.

Posts That Are Usually Not Protected

• Purely personal gripes

  A complaint that only reflects one person's frustration and does not involve coworkers or shared working conditions is much less likely to be protected.

• Harassing or discriminatory content

  Posts that threaten, harass or demean coworkers or customers can break workplace rules and are not shielded by labor law.

• Confidential information

  Sharing trade secrets, patient or client information, or other data you were required to protect can justify discipline.

• Knowingly false statements

  Statements made with knowledge that they are false, or with reckless disregard for the truth, lose protection.

• Posts for a government or public employer

  Public employees may have First Amendment rights that private employees do not, but the rules are different and turn on the facts.

Other Laws That May Apply

A post is not the only thing that matters. If you were fired soon after reporting discrimination, harassment, unpaid wages or a safety problem, the real question may be retaliation. The EEOC explains on its retaliation page that it is unlawful to punish someone for opposing discrimination or taking part in a charge. Some states also protect lawful off-duty conduct or political activity. See our guide to workplace retaliation for how these claims work.

What to Do If You Were Fired Over a Post

• Save the post

  Take screenshots that show the text, date, account name and any replies from coworkers before anything is deleted or edited.

• Keep the policy

  Save the employee handbook or social media policy and any message that told you which rule you broke.

• Write down the timeline

  Note when you posted, who saw it, when the employer reacted and what was said when you were let go.

• Do not post more

  Avoid arguing about the firing online, and do not delete other posts, which can look like hiding evidence.

• Mind the deadlines

  Claims have short filing windows, so read our <a href="/blogs/how-long-to-file-employment-discrimination-claim-deadlines" class="text-primary underline">filing deadlines guide</a> and consult a lawyer early.

If you are unsure whether the termination was lawful, our guide to the signs of wrongful termination lists the facts that matter most.

Frequently Asked Questions