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Private companies and employers can discipline or fire an employee for what they post on social media. In general, employers cannot fire you for posting: Truthful statements about working conditions, like harassment or unsafe working conditions. Comments that indicate your interest in joining or supporting a union.
Since California is an at-will employment state — and California Labor Code 2922 states that at-will employees “may be terminated at the will of either party on notice to the other” — employers can fire employees for anything, including their social media posts.
Can an employee be legally fired from her job for making negative comments about her boss and her company on social media?
Generally, the answer is no.
Can an employee posting negative comments on Facebook?
May an employee be disciplined for posting negative comments on Facebook or another social networking site? An employer may discipline an employee for posting negative comments on a social networking site if the employee’s comments are harassing, offensive or inappropriate, and not related to employment issues.
A derogatory comment posted on a social networking site will be defamatory if it contains an untruth and serves to undermine or damage the reputation of the company. Claims for damages may be appropriate in some cases, but it is more likely to result in disciplinary action against the individual who posted the comment.
As more and more people are using social media, this area has become a common ground for employees to post information about their jobs, their personal lives, their views and other aspects of their lives that do not pertain to their work. However, in some cases, employers may have grounds to fire employees for their social media conduct.
Should you prohibit employees from using social media?
Recognizing the possible detrimental effects that a person’s posts may have on a business, some businesses implement rules related to social media use. This may include prohibiting employees from using social media during working hours. They may also seek to limit the type of content that the employee posts.
Can you fire an employee for using racial profanity on social media?
“If an employee is using racial profanity to bully and harass a co-worker over social media — and particularly if this is occurring during work hours — and such conduct violates the employer’s policies, they will likely be able to issue adverse action,” Betts said.
Can a company fire an employee for posting inappropriate pictures?
If a company believes that an employee is poorly representing the company with lude, drunken or otherwise inappropriate pictures or content, an employer may choose to sever the relationship with the employee rather than risk tainting the business’ reputation.