Can Your Employer Fire You Over Social Media Posts?

In today’s digital world, social media plays a significant role, allowing people to express opinions, share experiences, and connect with others. 

However, what an employee posts online can have real-world consequences—including potential termination from their job. But can an employer legally fire someone for a social media post in California? The answer depends on several factors, including the employee’s rights under state and federal laws.

At-Will Employment in California

California is an at-will employment state, meaning an employer can terminate an employee at any time, for any reason, as long as that reason is not illegal. In many cases, an employer can fire an employee over their social media activity. However, there are important legal protections that limit when and how an employer can take action based on social media content.

California Laws That Protect Employees’ Social Media Use

While employers generally have broad discretion, certain laws protect employees from being fired over specific types of social media posts in California:

California Labor Code § 96(k) – Protection for Lawful Off-Duty Conduct

California Labor Code § 96(k) code allows the Labor Commissioner to take action if an employee is fired for engaging in lawful conduct outside of work. 

If a social media post relates to legal activities done on personal time and does not impact workplace performance, a California worker may have grounds for a wrongful termination claim.

California Labor Code § 980 – Social Media Privacy Protection

Employers in California cannot request or require employees to provide social media passwords, usernames, or access to private accounts. 

If an employer demands access to private posts, or fires an employee for refusing, it could be a violation of state law.

First Amendment Protections (Limited for Private Employees)

Many employees assume the First Amendment protects them from being fired over social media posts. 

However, the First Amendment only protects against government action, meaning it does not apply to private-sector employers. However, public employees (such as government workers) have more speech protections under constitutional free speech laws.

National Labor Relations Act (NLRA) – Protecting Workplace Discussions

Under the NLRA, employees cannot be fired for discussing work conditions, pay, or organizing efforts on social media. For example, if an employee posts about unfair wages or unsafe working conditions, an employer cannot legally fire them.

When Can Your Employer Fire You Over Social Media?

While there are some protections, there are also scenarios where an employer can legally terminate an employee due to social media content.

• Hate Speech or Discriminatory Content – Posts containing racist, sexist, or offensive comments can lead to termination if they violate company policies or create a hostile work environment.
• Harassment or Threats – If an employee threatens violence or harasses coworkers, an employer has the right to take disciplinary action.
• Confidentiality Breaches – Sharing company secrets, financial data, or private customer information on social media can be grounds for termination.
• Damage to Employer’s Reputation – Even if the post is personal, offensive or controversial statements that reflect poorly on an employer may lead to termination, particularly if the employee is associated with the company online.

What to Do If You Were Fired Over Social Media in California

If someone believes their employer wrongfully terminated them due to social media activity, they may have legal options.

1. Review the Employment Agreement – Check if the employer has a social media policy and whether the social media post violated company guidelines.
2. Document Everything – Save screenshots of the post, employer communications, and any relevant company policies.
3. Consult an Employment Lawyer – If someone was fired for a protected reason, such as discussing work conditions or engaging in lawful off-duty conduct, they may have grounds for wrongful termination.

Get Legal Help from Lawyers for Justice, PC

If a California worker is unfairly fired due to a social media post, they don’t have to fight alone. Lawyers for Justice, PC helps California employees protect their rights and seek justice against wrongful termination. Call us today for a free consultation at (213) 772-5010.