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Employment attorney weighs in on social media posts leading to firings

Private companies can let someone go if they share a message the company disagrees with online.
Posted at 11:17 AM, Jun 13, 2020

While the First Amendment protects you from government reprisal when it comes to your right to free speech, private employers can still choose to let someone go if they disagree with an employee's behavior online.

“Generally speaking, the first amendment does not protect free speech as it relates to a private employer’s decision to terminate someone based on a posting they make to social media,” employment attorney Brad Glazier said.

According to attorney Brad Glazier, most employees are at-will, meaning they can be fired if they engage in posting content their employer finds controversial.

For example, a FedEx worker from New Jersey was recently let go after a video circulated online showing the worker mimicking what happened to George Floyd.

Even if your page is private, or you yourself didn't make the post, Glazier says employers still have the right to choose to let you go.

“If you say something, either at work or outside of work, you can be terminated,” Glazier said.