Social media is now an integral part of our lives, enabling us to share opinions, capture moments, and connect globally. But what happens when your online presence affects your job?
A common question is whether you can be dismissed for social media posts made when you are not at work. The answer is complex, often hinging on employment law, company policies, and how your employer views your online behavior.
In this blog, we explore key aspects of employment and social media, including at-will employment, reputation risks, social media guidelines, and legal protections.
At-Will Employment and Social Media
In New York (and the U.S. generally) most jobs are “at-will,” meaning employers can terminate an employee for any reason as long as it is not illegal and the employee can also quit at any time without providing notice. This allows either party to end the employment relationship without reason or justification. This includes social media activity outside work hours.
Employers may take disciplinary action, up to and including termination, if your posts:
- Conflict with company values
- Threaten the company’s reputation
- Indicate behavior that could harm productivity
There are some notable exceptions to this general rule. Federal and state laws protect employees from discriminatory treatment. For example, employers cannot legally fire you for posts referencing protected characteristics like age, race, gender, or religion. Additionally, the National Labor Relations Act (NLRA) protects employees’ rights to discuss working conditions or organize with coworkers, whether online or offline. Posts about wages, safety, or hours may be protected under federal labor laws.
Beyond these protections, your activity on platforms like Facebook, Instagram, or X could have consequences.
Reputation Risks and Social Media
Companies place high value on their image. Posts that could damage a company’s reputation, harm client relationships, or show unprofessional conduct may lead to disciplinary action, even if posted outside work hours.
Examples of posts that might lead to termination include:
- Insulting Comments: Criticizing your employer, coworkers, or clients online.
- Provocative or Offensive Content: Sharing discriminatory or inappropriate material.
- Illegal Activity: Promoting illegal behavior.
- Unprofessional Behavior: Posting content that conflicts with industry standards or company values.
Understand Your Company’s Social Media Policy
- Review your company’s “Social Media Policy,” usually found in the employee handbook or shared during onboarding.
- Understand that these rules often apply to activities outside work hours, especially if you publicly identify as an employee.
- Contact HR for clarification on any uncertainties regarding these policies.
Ignoring these guidelines could expose you to inquiries or disciplinary actions if your online activity crosses the line.
Practical Tips for Social Media Use
To balance professional and personal life while staying active online, consider these tips:
- Understand Your Privacy Settings: Adjust privacy settings to control who sees your posts. While not foolproof, it adds a layer of protection.
- Pause Before You Post: Consider how your post might be perceived by your employer or colleagues. If it could reflect poorly, think twice.
Contact Schwartz Perry & Heller LLP today to schedule a FREE consultation with an attorney today!