Social Media Conduct: Can You Be Fired for Online Posts?
In today’s digital age, social media is part of everyday life. Whether it’s sharing a photo from the jobsite, commenting on news, or expressing opinions, construction workers in California are using social platforms daily. But what happens if something you post online gets you into trouble at work? Can your employer fire you for that? The answer depends on several factors, especially under California law.
Understanding California’s At-Will Employment
Most construction jobs in California are considered “at-will” employment. This means your employer can fire you at any time for any reason—or for no reason at all—as long as it’s not illegal. That includes behavior outside of work, such as social media activity. However, there are important exceptions that protect you in some cases.
When Social Media Can Get You Fired
Employers can discipline or fire workers for social media posts that:
- Violate company policies
- Harass or threaten co-workers
- Reveal confidential or proprietary information
- Damage the company’s reputation
For example, if you work on a construction site and post a video showing unsafe practices, your employer might see that as a liability. If your post includes negative comments about your employer or clients, they could view it as harmful to the company’s image and take disciplinary action.
Your Rights Under California Law
Even with California’s at-will employment rules, you do have some rights. For instance, California Labor Code Section 96(k) and Section 98.6 provide limited protections for employees engaged in lawful conduct during non-work hours. These laws might apply if the behavior or post occurred while off-duty and didn’t interfere with your job responsibilities.
Additionally, the National Labor Relations Act (NLRA) protects workers engaged in “concerted activities,” such as discussing working conditions, pay, or safety issues. If you post about these topics with the intention of starting a conversation with coworkers, you might be protected under federal law, even on social media.
Tips for Staying Safe on Social Media
- Think before you post, especially about work matters.
- Avoid sharing confidential or sensitive jobsite details.
- Use privacy settings, but remember online content can still reach employers.
- Review your company’s social media policy.
Your social media activity can have real-world consequences. It’s important to know your rights as a worker and understand what your employer expects regarding online conduct. Keeping your posts respectful and job-appropriate can reduce the risk of problems.
What to Do If You’re Facing an Issue
If you believe you’ve been treated unfairly or wrongfully terminated due to a social media post, it may be time to speak with a legal expert familiar with employment law and construction industry concerns in California. Don’t face it alone.
Call Jonny Law at 800-566-4868 to get advice about your situation. With experience in representing construction workers and understanding California labor laws, Jonny Law can help protect your rights.