People often contact employment lawyers because their empployer fired them for something they posted on social media.
Often it is a racist meme about the Black Lives Matter movement, or some vile comment about a female politician.
There’s usually nothing I can do to help these people. Even if I wanted to.
However, some social media posts may trigger legal protections from retaliatory firing.
You Can Be Fired for Any Legal Reason
An employer can fire an at-will employee for any legal reason, including an offensive social media post.
This is not “cancel culture.” This is facing the completely predictable consequences of one’s actions.
Employing unapologetic racists is bad for business.
What About My First Amendment Rights?
If you work for a private employer, the First Amendment provides no protection. The First Amendment protects you only from government action.
If you are employed by a town or city government, however, the First Amendment might offer a remedy from retaliatory firing.
But only if the post addressed matters of public concern, and would not cause any disruption to the workplace.
Your racist screed on Facebook will likely damage your relationships with your colleagues. So the First Amendment offers you no remedy if you get fired for that.
The Law Protects Discussions with Colleagues About Workplace Conditions
Venting to your high school friends on Facebook about how much you hate your boss is a surefire way to get yourself fired. The law does not protect you.
But U.S. labor laws protect workers who communicate with colleagues about workplace conditions.
If you’re fired for writing a post asking your co-workers to join your protest against an unsafe work environment, or for encouraging your coworkers to unionize, you may have legal remedies. Talk to an experienced employment lawyer.