Social media platforms like Facebook, Instagram, and Twitter are widely used to connect with family and friends worldwide, post pictures from your latest vacation, and stay current on the latest news and events. Chances are, your employer can see the things that you post. This can get you into hot water if you post things your employer considers offensive, controversial, or damaging to the company’s reputation.
Pennsylvania is an at-will employment state, meaning your employer can terminate you at any time for any reason unless a contract states otherwise. However, there are protections in place that may prevent you from losing your job due to your social media posts. An experienced employment lawyer will thoroughly review your case, determine whether your employment rights have been violated, and recommend the most effective legal course of action.
What Is At-Will Employment?
In Pennsylvania and most other states across the country, workers are considered at-will employees, which means that an employer can fire an employee at any time and for any reason without the employee’s recourse. When it comes to social media, your employer is legally allowed to take action, including terminating your employment if your social media posts conflict with your employer’s values, threaten the company’s reputation, or suggest behavior that could impact workplace productivity, even if your social media activity occurs outside of work hours. However, your employer may not terminate you for social media posts if the dismissal is based on race, gender, religion, or other protected characteristics.
What Are Some Examples of Social Media Posts That Could Lead to Termination?
There is a general assumption that employees’ right to free speech applies to social media and that they can post anything they want without facing any consequences from their employer. However, this is not the case. While an employer’s right to take action is not limitless, the following are examples of social media posts that could lead to termination:
- Derogatory or unprofessional comments about your employer, colleagues, or clients that can damage the company’s reputation.
- Offensive content, including discriminatory, hateful, or inappropriate material that can violate company policies and damage the company’s image.
- Leaking confidential or proprietary information. In addition to being terminated, you could face legal ramifications for sharing confidential information on social media.
- Posting content on social media that promotes or condones illegal activity.
- Sharing false or misleading information about our employer or its products.
- Posting content that encourages violence against individuals or groups of people at work.
If you are discussing certain topics on social media, including your honest opinion about working conditions, your employer is prohibited from retaliating against you, according to the National Labor Relations Act (NLRA). If you post content about the following topics, and your posts are truthful, you may have stronger protections from termination or disciplinary action:
- Salaries and pay disparities
- Vacation and sick day policies
- Unsafe work conditions
- Workplace harassment
- Union organizing
- Posts supporting another employee who has been disciplined
- Illegal activity at work
How Can I Avoid Disciplinary Action for Social Media Posts?
In most cases, you can avoid getting into trouble with your employer for social media posts by using common sense. If you would like to be more proactive, it is highly recommended that you look at your company’s social media policy, which can usually be found in the employee handbook or shared during the onboarding process. Keep in mind that the policies extend to your activity outside of office hours. If you have any questions or concerns, a Human Resources representative can clarify any uncertainties and answer any of your questions. The following are additional guidelines to follow if you have an active presence on social media:
- Understand your privacy settings. You can adjust your social media privacy settings to control who can see your posts. This provides a valuable layer of protection by allowing you to control who can access your profile, your posts, and other information on the platform. Keep in mind that this does not completely shield you from potential scrutiny.
- Think before you post. Consider what you are posting and how it will be perceived by your employer, colleagues, customers, and others in the workplace. Reconsider posting if the comments or images could have a negative response.
- Keep professional and personal profiles separate. While this will not prevent your employer from being able to access your personal social media profiles, it can help minimize your employer’s oversight of your private activities.
- Avoid controversial topics. Do not participate in heated debates about controversial issues like politics or religion. These are not protected characteristics, so you could face disciplinary action from your employer for posting about these topics on your social media platforms.
- Document any disciplinary action taken against you. Ensure you document every detail of any disciplinary action your employer takes against you for your social media activity. If you require legal representation, you will need to provide a detailed account of your social media activity and the reason for the disciplinary action that your employer has taken.
- Take legal action. If you believe that you have been unfairly terminated or your employer has violated your rights, it is in your best interest to contact an experienced employment lawyer at your earliest convenience.
Philadelphia Employment Lawyers at The Gold Law Firm P.C. Represent Clients Who Were Fired for Social Media Posts
If you have been terminated or faced disciplinary action from your employer for content you posted on your social media platforms, it is highly recommended that you contact the Philadelphia employment lawyers at The Gold Law Firm P.C. as soon as possible. To schedule a free consultation, call us today at 215-569-1999 or contact us online. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, Montgomery County, and Cherry Hill.
