The short answer is often “yes.” However, the situation is usually more complicated than a simple yes-or-no. In Pennsylvania, most workers are at-will employees, meaning your employer can generally fire you at any time and for almost any reason.
Your job is not protected even if you are off the clock. An employer can fire you for things you do in your private life, like posting on social media, as long as the reason is not illegal. Several key exceptions exist, including federal and state laws that protect workers’ rights.
Examples of “risky” posts
Your company is likely watching what you post online. Some comments can put your job in danger. You can face termination for posts that do any of the following:
- Clearly violates company policy
- Shares company secrets or client data
- Causes serious harm to the company’s good name
- Are discriminatory, hateful or promote violence
While the First Amendment gives you free speech rights, it does not protect you from a private employer. Free speech only protects you from the government.
However, there are crucial exceptions under the National Labor Relations Act (NLRA). You have the right to discuss topics such as pay, hours or working conditions with your coworkers. These discussions, called “concerted activity,” are protected by federal law.
Facing a workplace dispute in Southeastern Pennsylvania? Put Bellwoar Kelly, LLP on your side. We represent employees and executives in wrongful termination, discrimination, harassment, retaliation and whistleblower claims, wage and hour disputes, FMLA and ADA matters, severance negotiations, and non-compete reviews. We also counsel small businesses on compliance and litigation defense. Call 610-314-7066 anytime, day or night, for a free consultation. Se habla español.
What to do if you’re terminated
You need to act fast if your employer fires you over a social media post. First, immediately take screenshots and preserve copies of all relevant posts, the termination notice and related messages, and contact an attorney before taking any further action. Deleting content without proper preservation can seriously harm any potential legal claim due to the doctrine of “spoliation of evidence.” Do not remove any content until you have received explicit advice from your attorney.
Next, find and review your employee handbook or any social media policy the company gave you. Your attorney will need to analyze these documents to determine if your post constituted protected activity under federal labor laws (like the NLRA), if the company violated its own policies, or if the termination was discriminatory or retaliatory under federal and state law.
Next, apply for unemployment benefits immediately.
Understand your rights
Social media creates a permanent record that your employer can easily use against you. While employers have broad rights in Pennsylvania, that power is not absolute. They cannot fire you for protected discussions about your work.
Successfully navigating the complex landscape of employment-at-will and state and federal labor protections requires skilled legal guidance. It’s advisable to contact an employment lawyer immediately, as state discrimination laws (180 days), federal discrimination laws (300 days), and the NLRA (6 months) all impose strict and short deadlines for filing administrative complaints that are critical to securing your rights.