Millions of people across California use social media websites like Instagram, Facebook, TikTok, and X. People use social media for both personal and business purposes. In today’s modern era, it is also common to hear stories about people being fired from their positions over what they post on social media. This guide will help you understand when it might be possible for an employer to fire you for social media posts in California.
At-Will Employment in California
It is important for employees in California to understand that most workers are considered “at will.” What this means is that an employer can fire workers for any reason or no reason at all. Likewise, an employer can fire you over something that you post to social media. This is true even if the post was outside of work hours.
The major exception to this rule is that employers cannot fire workers due to discriminatory purposes. Among other things, they cannot discriminate on the basis of gender, age, sexual orientation, race, disability, or religion. Accordingly, if an employer fired you after learning you were part of a protected group, this could be construed as a wrongful termination.
For example, a woman or man might create a social media post that revealed they were in a same-sex relationship. Employers cannot use this information as a basis to then fire this person. This is true despite the fact that California is an at-will state.
Other Important Exceptions
There are several other reasons that an employer could not lawfully fire you for a social media post.
- Concerted Activity: Employees are allowed to discuss wages and working conditions under the National Labor Relations Act (NLRA). This is true even if it takes place on social media. These are considered “protected concerted activity.”
- Political Speech and Activities: According to California Labor Code § 1101–1102, employers cannot prohibit or retaliate against employees for their political beliefs or activities.
- Retaliation: Under the California Fair Employment and Housing Act (FEHA), employers cannot retaliate against employees who report discrimination, harassment, or wage violations. This is true even if this activity was done on social media.
Despite these protections, it is still common for employers in California to fire people over social media posts.
When Social Media Posts Might Lead to Termination
Despite the protections that workers have, there are a number of reasons that an employer could lawfully fire you for posting on social media.
- Hate Speech: Employees could get fired if their social media posts contain any racist or discriminatory content.
- Harassment: Employees could get fired if they harass or threaten coworkers with their posts on social media.
- Violate Company Policy: Employees could get fired if they violate company policies that regulate their use of social media.
- Unlawful Disclosure: Employees could get fired if they reveal trade secrets or client details in their social media posts.
- False Statements: Employees could get fired if they make false claims that damage their employer’s reputation.
- Misuse of Company Time: Employees could get fired for using social media during work hours if this violates company policy.
It is important that employees familiarize themselves with their employers policies with respect to the use of social media.
Getting Legal Help For Wrongful Terminations
It can be incredibly difficult for the average person to navigate all of the relevant employment laws related to social media usage. Employees can feel incredibly overwhelmed and distraught if they find themselves out of a job over a seemingly innocuous social media post. It is important for workers to understand that they do have legal protections.
If you were let go from your position after some post on social media, you may be entitled to damages through a wrongful termination claim. Our team of employment lawyers at The Labor Champ is here to help you. We can investigate the unique facts of your case and let you know if you have a claim that can be pursued. You can reach out to us anytime at 949-727-9300.
