San Jose Employment Lawyer Explains Whether Employees Can Be Fired for Social Media Posts

D.Law, an employment law firm in San Jose, CA, commonly hears from clients whose employment was recently terminated. Clients often ask the firm whether the reason for their firing was lawful or was perhaps an example of wrongful termination.

Specifically, clients have asked if they can be fired for posting on social media. The firm answers this question according to California law below.

Understanding California's At-Will Employment Laws

California is an at-will employment state. At-will employment allows employers to fire employees for any legal reason or even without a reason.

However, there are exceptions to this rule. Employers generally cannot fire workers for discriminatory reasons, as retaliation for whistleblowing or engaging in protected activities, or for reasons that violate their contract with the employee.

Instances When Firing an Employee for Social Media Posts Might Be Unlawful

Under California's at-will employment laws, employees can be fired for posting on social media as long as the reason for the termination was not unlawful. These are a few instances when firing an employee for their social media activity could be considered unlawful.

The employer discriminated against the worker for posting about protected characteristics: Perhaps the employer saw a social media post about the employee engaging in a religious custom, disclosing their sexuality, or attending a cultural event. If an employer terminated an employee for one of these protected reasons, this could be considered discrimination.
The employer terminated the worker for posting about protected concerted activity: If the employer saw the worker posting about work conditions, wages, or forming a union, they could not lawfully terminate the worker for engaging in these protected discussions and activities.

Legitimate Reasons for Employment Termination After Social Media Posts in San Jose

The First Amendment protects the right to freedom of speech. However, this amendment protects against government restrictions on free speech, not private employers' restrictions.

Employers are generally allowed to restrict their employees' social media behavior in regards to their work duties. These are a few legitimate reasons an employer may cite for firing an employee for posting on social media.

The employee violated the company's social media policy: Many companies require employees to maintain confidentiality when sharing about the organization online. Violating this policy could result in disciplinary action.
The employee's social media posts harm the company's reputation: If an employee engages in illegal or unethical behavior and shares about it on social media, their employer may not want that behavior to reflect poorly on the company.
The social media posts create a hostile work environment: If the worker used social media to spread gossip about coworkers or even harass them, the employer might view this behavior as a potential violation of employment law.

A San Jose employment lawyer can review the employee's reason for being fired and help them understand whether the termination was lawful.

Contact D.Law in San Jose for More Information

D.Law provides employment law services throughout California. Along with answering whether an employee can be fired for posting on social media, the firm can explain termination laws and help San Jose workers determine whether they have a case against their employers.

Interested parties can contact D.Law at 408-872-9877 for more information.