Some Speech Is More Protected Than Others
If you use Facebook, Twitter, TikTok, or other social media platforms, chances are your employer can see what you’ve posted online. And it’s not that unusual for employees to be disciplined or even fired for things they say on social media. But is that lawful?
It depends, but unfortunately, this is usually within the law. Employers generally have the ability to discipline or fire employees for any reason that’s within the law—especially if they are “at will” employers.
However, there are some protections available for certain kinds of speech online. Here’s an overview of when social media speech is considered protected.
When You Post Outside of Work Hours
Generally speaking, your employer has a reasonable expectation that while you’re at work, you’ll be working and not posting on social media.
That means if you posted something during work hours, they may be within their rights to discipline you for being on social media when you should be working, regardless of what you said.
If you posted outside of work hours, your employer may still have an interest in disciplining you, usually if what you said is considered offensive, damages public trust, or reflects badly on the employer.
This is true even if your posts are marked as “private”—as courts have ruled that social media platforms are public forums where there isn’t much expectation of privacy.
When You Criticize Your Employer or Working Conditions
If you’re discussing the working...
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