Be careful with what you post: Can you be fired for what you write on social media?

Recently, a Tesla manager was fired after writing critical comments on LinkedIn about CEO Elon Musk. That’s got many people wondering just what’s allowed and not allowed as far as what they can write online about their job, company, or boss.

While there are some laws in place that protect employees, it’s not black and white where this issue is concerned, as those protections may only apply to specific situations.

What are the laws about employees' social media posts?

In general, an employer can terminate an employee for almost any reason, including criticizing the company online. If you are hired under an “at-will” contract, then the employer can terminate the contract for any reason they like, so long as it doesn’t violate any anti-discrimination laws. Montana is the only state which doesn’t use the at-will employment method as its default. There, an employer can only fire an employee with cause.

The National Labor Relations Act (NLRA) allows employees to engage with their coworkers about the work conditions, but the discussion must be specific to policies that affect multiple employees. However, general comments such as “my boss is a jerk” are not typically protected. Public sector employees have more protections under the First Amendment (the right to free speech), especially if their posts concern public issues.

In their social media policies, a company can prohibit its employees from making false statements about the company or making disparaging comments about the company’s products and services. However, they cannot completely ban critical posts. Instead, they’re advised to outline to their employees the damage they can cause by making negative social media posts.

If an employee believes they were wrongfully terminated for a protected social media post, they can file a complaint with the NLRB, which may investigate the case. If the worker is found to have been wrongfully fired, the board can order reinstatement and back pay for the employee.

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