These Types of Social Media Posts Can Lead to Dismissal
Have you ever thought about hitting the tweet button, but were afraid you’d be called into HR? It’s a reasonable concern: It may seem unfair that your bosses should be able to control how you present yourself and what you do when you’re out of work, but to some extent they can. In fact, the consequences for this post may even overshadow the punishment – you could be fired. Of course, this only happens in very specific cases, and may not happen at all, but it’s worth knowing your rights before you pop up next time on TikTok.
When can I get reprimanded at work for posting on a social network?
The first thing you need to know about the kind of professional trouble you can get into with your social media posts is that it’s not a First Amendment issue . The First Amendment protects your right to say whatever you want, but it does not protect you from the consequences of either personal connections or your private employer. Most states are “optional” states, which means that workers can quit their jobs whenever they want for any reason, and employers can also fire them whenever they want for any reason. Unless you have a written contract outlining the exact terms under which your employment relationship may end, you need to be careful not only online, but in general.
First things first, you might get in trouble for posts that violate your company’s social media policy. You probably signed some sort of policy acknowledgment at some point, but whether you’ve reviewed it or not, be sure to do so now. Contact a Human Resources representative for an up-to-date copy of the policy. This is especially important if you represent or even mention your company on your social media profiles, or if your use of social media is an integral part of your job and you use your accounts to complete work tasks.
According to Bernabei and Kabat, PLLC, and Jackson Spencer Low , these are generally the types of positions for which you can be punished or fired:
- Discriminatory, bigoted or racist messages
- Misleading messages about your company’s product or messages that criticize your work environment.
- Posts containing confidential or private information
- Negative comments about your clients or clients
- Anything that shows you lied to your employer (so if you’re calling “sick” to attend an afternoon baseball game, don’t post a picture of yourself from the baseball game)
- Posts showing illegal activity
Jackson Spencer also pointed to “spicy posts” as something that could lead to trouble at work. It’s more subjective than, say, posting about an underage drinking or making fun of a customer in a tweet, but if you’re worried that an outfit or scene is too ‘spicy’, consider simply not uploading it. (It’s unlikely you’ll get fired for a bikini photo, but that’s entirely up to your company, which probably technically has the right to fire you.)
What can’t be fired for posting?
There are some things you are legally allowed to post, so don’t worry about digital Big Brother. Most importantly, even in the states, you cannot be fired at will for “protected class characteristics” such as race, color, gender, religion, age, or disability. If you can legally prove that one of these reasons is the main reason for your dismissal, you can sue.
Other things you can’t get fired for posting:
- Sincere, fact-based criticism of working conditions and policies (if it is clear that you are doing this to raise awareness and bring about change, preferably with other colleagues)
- Comments in support of your union or in support of unionization
Finally, companies tend to care a little more about the posts you post during business hours than the ones you post after business hours. This doesn’t mean you get a free pass to keep your hottest shots and photos flying at 5:01 pm, but it does mean you have wiggle room when you’re not working, as long as you don’t break any of the The basic rules have been discussed above.
Remember that while there are things you can’t get fired for, there are also jobs you can’t get hired for. What is considered acceptable social media content for your current boss may not be for your next potential employer. The extent to which you even want to work in a place that tightly monitors your online accounts is up to you, but for the most part, try to stick to the guidelines above so you don’t annoy any hiring managers ahead of time. Don’t talk shit about your employer or your clients, don’t post about you engaging in illegal activities, and don’t be offensive.