Can an employee be fired over a social media post?

How much leeway does an employee have to self-expression on social media? When can an employer fire them over a social media post?

This is a complex issue that can leave both employers and employees feeling confused about their rights. While platforms like X (formerly Twitter), Facebook and Instagram offer individuals outlets for self-expression, they can also blur the line between the personal and professional lives of users.

For example, all it takes is one social media post to “go viral” in a negative way, for people to draw negative inferences between an employee and their employer. In general, employers can discipline an employee over social media in the following cases.

The post is not a protected activity

The National Labor Relations Act (NLRA) provides protections for employees – regardless of their union status – to engage in “protected concerted activity.” This means that employees have the right to discuss work-related issues, including what they see as poor pay or bad working conditions – as long as they are trying to reach coworkers to initiate action or attempting to bring a complaint to management. They do not have the right to pointlessly disparage their employer or make knowingly untrue statements.

The post violates company policy

Most companies today have a social media policy that’s part of their employment agreements. These policies typically outline what is acceptable online behavior and forbid things like:

• Disclosing confidential information, such as a company’s trade secrets, financial data, proprietary information or internal documents
• Posting offensive content, such as posts that are racist, sexist or otherwise discriminatory or harassing and offensive in nature, since those can reflect poorly on their employer
• Posting during work hours, such as posting while they’re supposed to be helping customers or working a shift since doing so can be seen as time theft

This is a constantly evolving issue. It can be difficult to know who is in the right without experienced legal guidance.