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Can You Get Fired Because of a Facebook Post?

Wondering if you can get fired for posting something on Facebook and other social media?

The majority of people believe that the First Amendment to the United States Constitution, which prohibits the government from abridging freedom of speech, protects their right to say anything they want, online or off. This is true when it comes to the government. Within limits, the government may not tell us what we can say or what we can’t. But there is no such restriction that applies to Private Employers.

In short, yes, you can be fired for what you post on social media like Facebook or any other site. However, there are certain laws that limit the extent of an employer’s right to fire or discipline employees for what they post online.

Limitations to an Employer’s Right to Fire an Employee over Social Media Posts

Luckily private employers can’t discipline or fire employees for anything that they dislike on their employee’s social media. There are laws that limit an employer’s right to discipline or fire employees for the content that they post online. The restrictions, however, are dependent on what it is that is written about.

Protected Concerted Activities: The National Labor Relations Act that governs the relationship between the company’s management and unions, protects the rights of employees to communicate with each other about the terms and conditions of their employment. This right is subject to whether the workplace is unionized or not. The National Labor Relations Board (NLRB), the federal agency that imposes the Act, in recent times, has displayed a special interest in enforcing this right against employers who discipline their employees for the content they post online.

A group of employees who make comments about the working conditions or criticize the management on social media may be found to be protected concerted activity. The employees may not be disciplined or fired for this.

Political Messages: A select few states protect their employees from discipline on the basis of their political beliefs and activities. In such states, if an employee is disciplined or fired for expressing political views online, he/she may have a legal claim against the employer.

Off-duty Posts: Few states forbid employers from disciplining employees for what they do in their personal time. This is as long as those activities are legal. In states like these, an employee may be protected from discipline for online posts.

Retaliation: There are a number of federal and state laws that protect employees from retaliation due to reporting certain types of problems (harassment, discrimination, unsafe working conditions, etc,). If an employer takes action against an employee who reports a problem online, that could constitute illegal retaliation.

What’s Okay for You to Post, Like or Share

An employer cannot fire an employee for venting on social media. Employees are allowed to vent. If they post about finding it difficult to work or how they find the work environment unpleasant, they can’t be fired for that.

The government protects workers’ rights to talk about where they work even if it is insulting and harsh. Whether it is work hours, pay, assignments, dress code, or tough supervisors, it’s illegal for an employee to be fired on these grounds.

 

What’s Not Okay to Like, Share or Post

The NLRB upholds firing that is based on posts that damage a company, trivialize their products and services, reveal trade secrets or financial information. Posts that encourage subordination as well are not protected.

Employees can be fired for posting information about customers or clients. Employees are not protected against homophobic, racist, sexist posts or posts that discriminate against religion. The NLRB does not protect employees against posts that are not related to working conditions. For example, posts ridiculing the way the boss or a co-worker looks, speaks or dresses are not protected.

Incidents where people have got fired for what they posted on Facebook

Here are some incidents from the past where workers have gotten fired for posting on social media:

1. “First day at work. Omg (oh my God)!! So dull!!”

Kimberly Swann was fired for posting about her job on the first day of work. Three weeks later, the message made its way to the upper management, and she was fired.

2. “Does anyone know where I can find a very discrete hitman? Yes, it’s been that kind of day.”

Gloria Gadsden, a professor of East Stroudsburg University got fired for posting a status a few days after the Feb 12 shooting at the University of Alabama.

3. “S__! Anyone know how to pass a drug test in 24 hours?”

A prospective employee at a company who was supposed to pass a drug test and a physical test posted this, after which the offer was withdrawn.

4. A guy once made a post talking about wanting to go home and play The Sims so he could create the telecommunication store that he worked at in the game and then slowly kill off all the customers. The post was made while he was working on a late night shift. He later got fired for it.

Now that you know what is safe and what is not safe to comment, like or post on Facebook and other social media, you can fight for your rights if falsely accused. Employers often scan their prospective candidates’ Facebook profiles to get a glimpse of their personality before hiring. If you have any sexist or racist comments on Facebook, it’s best to delete them before you head for an interview.

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  1. I applied for unemployment on 8-1 and was approved. I received my letter of eligibility and debit card about a week ago. I did not file my intitial bi weekly claim because I missed the deadline by 1 day (didn’t realize they would be closed on Saturday). When I logged on it said I would have to reopen a claim because mine had been closed. I filled out the online form to deactivate the claim. My question is this: will I have another waiting week? And will unemployment have to contact my employer all over again to verify my wages and go through the entire process all over again or will they just reopen the claim with a new date window to file?

  2. Lost my job in 10/2018 due to plant closure, collected vacation and severance pay. Opened a claim in 1/2019. Got an on the job training job through career link in 5/2019 worked one week and became very sick and was off for two weeks VA could not find anything wrong but gave me medication for the symptoms and an excuse to return to work, prior to returning got a call from my recruiter at career link telling me the position was filled so i did not return. Reopened my claim, a few weeks later got a letter informing me the employer had appealed and said i did not return, had a hearing and the employer did not show but i lost and got a 2500.00 over payment. Got a temp job through an agency but have only worked 4 days in two weeks. Reopened my claim and was told i need to earn 2604.00 from current employer before it can be opened, did i do something wrong? Still applying for work but am days away from losing everything, need income to pay bills. PLEASE HELP

    1. Rodney,

      Your eligibility to claim UI benefits depends on multiple factors including monetary eligibility. If you’ve been officially told about the shortage of earnings, there’s nothing much one can do. If you’re still confident of winning the appeal, please make a strong case.

      1. I live in KY but my base wages were from earnings in GA when I lived there. I’ve exhausted my benefits in KY. Am I able to now file through GA since my earnings through 10/18 came from there?

        1. Dee,

          As much as I am aware, Unemployment Insurance is a one time cycle. Please call the Unemployment Office in GA for more.

  3. The hours at work have been cut due to lack of business for every department.
    So all full-time positions are now part-time.
    How do I file for partial unemployment?
    The only options I see (in Texas) are for full unemployment.

    1. Eric,

      You should be able to claim partial UI benefits. Please consider applying online until full hours are restored.

    1. William,

      If everything goes well, it should not take more than 7-10 business days (waiting week). Please call the Claims Center for more.

  4. I was employed by a VA company for 5 years, my contract ended yesterday (07/31/19), however, I worked remotely for those 5 years and live in FL, which state do I apply to for my unemployment benefits?

    1. Oscar,

      Please check with your employer if they remitted UI taxes into the system. Contract workers are generally not eligible.

        1. Oscar,

          In that case, please go ahead and apply if your employer remitted UI taxes into the system.

    2. You apply in Virginia…however, I worked seasonally and they used a ‘quarter’ that was empty, so even though my employer paid in, I only got a 1/3 of what I should have received. Figured that out later :/ They will also question WHY you aren’t able and available to work IN Virginia. They froze my account for about a month.

  5. I worked 37 years with the same company in Texas. On July 2nd of 2018, I was let go due to workforce reduction. I signed up for benefits several months later and now have drawn my 26 weeks of benefit. Is there any program currently open in Texas or federally that will extend additional money while job seeking?

    1. Lonnie,

      The E.U.C(Emergency Unemployment Compensation) remains expired. There is no extension available. Please inquire further with the labor authorities in your state by calling them.

  6. I have been an employee of my company for 34 yrs. My position is being eliminated but I have been offered another position for less money. It is a much more physical job that I am not sure I can perform well. I am 75. If I try to fulfill the position and cannot do it, will I still be able to get benefits if I quit? They want me to try it for a couple of weeks to see if I am strong enough and if I can afford the cut in pay.

    1. Lynda,

      I suggest you call the Unemployment Office to find out about eligibility before making a decision on continuation.

      1. I recently lost my job..i was late for work and they took me off the schedule..never told me i was fired..didnt ask for uniforms back. Another cook was andd has been late for work and he didnt get taken off the schedule.can i still get unemployment?

        1. Kandie,

          Please note UI benefits are only offered to claimants who lose employment due to no fault of their own. You can call the Unemployment Office for clarification.

  7. Are there any training benefits or programs that will pay for an advanced degree, such as a PhD which is needed to become more employable?

    1. There are multiple training programs administered by the Labor Department in each state. For more info, please call visit the official website of the Unemployment Office.

  8. I’m about to exhaust my Unemployment benefits. I was laid off from my first job and
    found employment then I lost my job and became unemployed again. I applied for benefits and have have almost exhausted my benefits but have not found employment. Can I file for an extension?

    1. Deanna,

      The E.U.C(Emergency Unemployment Compensation) remains expired. There is no extension available. Please inquire further with the labor authorities in your state by calling them.

  9. After reading your article it’s still not clear to me about requirements surrounding moving to another state and completing/continuing to collect. I have 8 weeks eligibility left, I am moving from MA to FL. The end of your article says: “Since it’s all virtual (online), you may still consider the option of continuing your claims from the base state even if you move to a different one until completion. As a responsible claimant, it’s your duty to inform the base state about your movement to ensure there are no hassles in the near future.”

    So it sounds like even once I am in new state I am eligible to continue to collect from my base state. I can just continue to do my required weekly job search and reporting to and filing in my base state (I do it via phone call-in). No need to complicate things by doing some crazy state transfer of benefits. Benefits also done via direct bank deposit and no need to change anything. Do I even need to tell my base state I am now living in a new state? Why? Thank you.

    1. Paul,

      For the ease of understanding, each state has its specific rules and laws with regard to administering Unemployment Benefits. It might be an obligation for a claimant to inform about the movement. For clarification, please call the Unemployment Office and speak to a representative.

  10. I was recently fired from my work 25-June-2019/due to me not meeting their “standards/ expectations” i submitted my UE claim on 28-June and have not received any pay as of today, 19-July. The status is currently “adjudication in progress,” my question is, should i be worried this will be denied? I read the FAQ on the UE webpage and it said only a couple applications require the adjudication process. How long does this process usually take to get the final answer of whether I’m denied or approved? The website stated it susuallt takes ~25 days for the adjudication process, does this mean once that’s done then i still have to wait another 2-6 weeks for final processing after? THANK YOU SOO MUCH to whomever is able to provide me with some answers/ input.

    Sincerely,
    Talia
    ** this is my first time ever being fired or having to file for unemployment so i really have nooooo idea what is standard or normal or whatever. I feel like an idiot with my simple questions but it would bring me so much relief having them answered, truly

    1. Talia,

      I can understand your reason for the anxiety. Adjudication is a fact-finding process where both the claimant and the employer will get an opportunity to present their case. During this process, make sure to produce supporting documents that amplify your stance. For all you know, the adjudication can be a lengthy process.

      Best Wishes!

  11. I was permanently severanced from my job due to a Co. Reorg & received my last severance pay last week. I called UE & was told that I should now do my application online since I will no longer be getting funds & still without a job & that this coming Sunday regardless of knowing if I will or will not get benefits yet that I should still file a weekly claim in case of UE back pay.
    So my question is, do I still have to report 4 jobs applied to within this week, even if I do not know if I will be approved/denied for benefits until possibly next week anyway?

    1. Lynda,

      You should continue to report the job applications as long as you’ve been asked to do so. There will be a “Waiting Period” and the first payment will take about 7-10 days after which they’ll flow much quicker. Please call the Claims Center for clarification.

  12. I tried to transfer from one state to another. When I left Montana I was told there would be no problem transferring. When I arrived in North Carolina I had trouble reaching the area manager by phone. When he finally called me back he said to meet him for lunch to discuss when and where I would be working. He did not show up for lunch. Then he never returned any of my calls. I went PA to visit a friend a few weeks later and tried there. I met with the hiring manager and was told there should not be a problem doing the transfer since I was still in the system. I called the store a few times and they said it was still pending. Then I was terminated without even a phone call. Am I eligible for unemployment and if so do I file in Montana or North Carolina. I still have a Montana drivers license but I am living in NC.

    1. Stacey,

      As long as you were unemployed involuntarily, you should be able to claim UI benefits. Please consider applying.

  13. I have worked for 32+ years and recently have become unable to work due to health reasons, so I have had to resign from my job. I have contacted SS and will be able to apply for disability but it will take awhile to process. Can I apply for unemployment benefits? I live in WV.

    1. Sandra,

      UI benefits are only extended to claimants who lose their employment due to involuntary reasons. Please reach out to the Unemployment Office for more.

  14. I had to quit my job at Walmart in Fairmont West Virginia and moved back to my home state ky, I’ve got a son with drug problems and 3 older sisters that are not doing so well in health cause of their age. I didn’t understand about the transfer part they had at Walmart that I could put a date when I could start back because of my car problems I thought when I left I had to go in like in s few days, I’ve applied here at Walmart in Winchester ky 40391 two times already plus dollar store, speedway, truck stop, bp, a few other places it’s been going on 7 months without a job I live with my son and its getting harder on him paying rent and utilities and food, not to mention our personal hygiene stuff I really need help I have no income coming in to help him and his wife out I get foodstamps and Medicaid I was praying I could qualify for unemployment PLEASE HELP!!!

    1. Vicky,

      I can understand your situation. Unfortunately, UI benefits are only extended to claimants who lose employment due to involuntary reasons. Please call the Unemployment Office for further clarification.

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