Here’s What Employees Should Know Before Making A Post
In today’s always-online world, it’s easy to forget that what you post on social media—even on your personal time—can impact your job. But can you actually be fired for something you say or share online? The answer: Yes, in many cases, you can. However, it depends on what you posted, where you work, and what laws apply. This post breaks down the key things employees should know about social media relating to their job security.
When Social Media Posts Can Get You Fired?
1. Harassment or Discriminatory Remarks
Posts that are racist, sexist, homophobic, or otherwise offensive can absolutely cost you your job—especially if they violate your company’s anti-harassment or diversity policies. For example, posting a racist meme or using hate speech—even on a personal account—can be grounds for termination, especially if it’s tied back to your employer.
2. Revealing Confidential Information
Sharing internal company information—like financial data, future plans, or customer details—can lead to firing, and sometimes even legal action.For example, posting a screenshot of a confidential company memo before a public announcement could violate NDAs or trade secret laws.
3. Damaging the Company’s Reputation
If your post goes viral for the wrong reasons and your employer is identified, they may fire you to protect their brand. For example, a viral video showing you behaving aggressively while wearing a company-branded shirt could lead to termination, even if you weren’t working at the time.
4. Violating Company Social Media Policies
Many companies have policies that lay out what’s acceptable online behavior. If you’ve signed an employee handbook or code of conduct, violating it—even outside of work—can justify disciplinary action.
The Final Point
In most U.S. states, including Texas, employment is “at will.” “At will” means your employer can fire you for almost any reason, or no reason at all—as long as it’s not illegal (e.g., based on discrimination or retaliation). So yes, your employer can terminate you for something you posted on social media—if it violates company policies, harms the company’s reputation, or crosses legal or ethical lines. Nonetheless, employers are prohibited from discharging employees for posting on social media if the termination is motivated by discriminatory or retaliatory intent.
Discriminatory or retaliatory actions are prohibited if on the basis of one’s race, national origin, sex, disability, or other protected classes as defined by Title VII of the Civil Rights Act of 1964. Retaliation may also result from whistleblowing activities, which are employees are safeguarded under the Whistleblower Protection Act. Employers are also prohibited from retaliating against employees for exercising legal rights, such as filing a discrimination complaint with the Equal Employment Opportunity Commission.
Tips for Staying Safe Online
· Think before you post: If you wouldn’t say it at work, don’t post it online.
· Know your employer’s policies: Review the employee handbook or social media policy.
· Avoid posting about work unless it’s clearly allowed.
· Be cautious with venting online: It’s easy to cross a line.
· Use privacy settings wisely, but don’t rely on them completely.
If you have experienced retaliation related to your social media activity, please schedule a consultation here or contact us at (512) 271-5527. Our team is prepared to address your concerns with professionalism and expertise.