Can You Get Fired for Posting to Social Media?
Free speech is guaranteed by the First Amendment of the United States Constitution. As a result, most Ohio employees believe they can post whatever they want on social media without affecting their job. If they get fired for what they wrote on social media, these workers see it as an injustice and might want to sue their employer.
While the First Amendment protects you from the government interfering with your speech or charging you with a crime, it does not free you of the consequences of your words, especially regarding your work. So, can you get fired for what you post on social media?
We provide the answer to this question in this article. We also share examples of posts that could lead to termination. However, if you believe you were unjustly fired, contact an Ohio employment lawyer at Hux Law Firm.
Can You Get Fired for What You Say on Social Media?
The short answer is yes. Ohio is an at-will employment state, meaning that your employer reserves the right to terminate your employment for any lawful reason. Or even no reason at all. But what’s legal and what isn’t can depend on federal and state statutes.
Don’t forget that since the First Amendment only applies to the government, companies in the private sector are at liberty to do what they want. As a result, they create overly restrictive rules, limiting what you can and cannot say on social media.
Thankfully, employees are not without protection. There are posts you can make on social media that your employer cannot fire you for, even if it offends them. We will discuss them next.
What Can You Post on Social Media Without Getting Fired?
Some legal provisions keep your employer from firing you for a social media post. On paper, most companies promise not to fire employees who report or speak out about sexual harassment in the workplace. But the opposite is the case in reality.
So, assuming you reported workplace harassment and your employer chooses not to take action, their response does not address the problem. Then, you may decide to speak about it on social media, leading to your employer terminating your employment. In this case, the termination may be unlawful because the law may allow you to post issues like that on social media.
Harassment is unlawful and a form of discrimination that violates the provisions of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA). Under Ohio’s employment law, harassment based on a protected class is also illegal.
Therefore, you can take legal action against an employer that fires you for posting about workplace harassment. Other instances where you may have been illegally fired from your job because of a social media post include when you write about:
- Unsafe working conditions
- Your interest in joining a union
- Getting an Ohio employment lawyer for information on workplace rights
- Your religious beliefs, race, sexual orientation, and age
- Payments structure and pay disparity
- Issues with vacation time
- Illegal activities by the employer. E.g., classifying full-time workers as independent contractors.
- Workers who were wrongly dismissed or disciplined by the employer
Note that while there are legal protections for making posts about the above issues, you must write the correct information. If you provide false or misleading information and get fired, you’re not protected.
Examples of Posts That Can Get You Fired
While you may not get fired for writing truthful accounts of incidents or issues in the workplace, you might lose your job for unrelated matters. The latter refers to your personal views on topics in the news or other social concerns. If you share a post that many view as socially offensive, you might be at risk of losing your job.
According to a report, one in four Americans fear cancel culture could risk their job or education. Therefore, there are opinions you should keep from social media to avoid losing your job, especially if it is against your company’s public policy.
Here are some examples of posts that might make you lose your job:
Racist Posts: Race is a socially sensitive subject that you should avoid on social media as writing the wrong thing could cost your job. While you are free to express your opinions, keep in mind that employers have to protect their employees. So, if you post racist things, you’ll likely lose your job.
Offensive Opinions About Topical Events: Topical events refer to things happening in real-time. In 2017, after a mass shooting at a country music concert in Las Vegas, a female CBS VP posted that she had no sympathy for ‘Republican gun toters.’ As a result, the network fired her, and she could not file a lawsuit for wrongful termination.
You can also get fired for posting confidential and proprietary information and negative comments about clients. A post showing you lied to your employer or containing racy images will have the same consequences.
Were You Fired Because of a Social Media Post? Contact Hux Law Firm Now
Hux Law Firm understands that not every employment termination because of a social media post is legal. Therefore, we will carefully assess your case and go over your options with you. In addition, if your employee breached a provision of the Ohio employment law or federal legislation, we will help you try to hold your employer accountable.
