Impact of Social Media on Wrongful Termination Claims

Like so many others, you love to blow off steam on social media after a rough day at work. Some platforms allow you to post anonymously, so you think you can say anything you want about your boss without repercussions.

One morning after posting on social media, your boss fires you. Is it wrongful termination? Possibly, but perhaps not. It’s important to learn more about social media’s role in wrongful termination lawsuits to determine if you have a case.

Below, learn the impact of social media on wrongful termination claims and find out if your employer is within their rights to fire you for what you said online.

Can Your Employer Fire You for Posting on Social Media?

The short answer is yes, your employer can let you go for what you’ve said on social media. In fact, according to one survey, 88% of employers said they would fire employees for the content of their social media posts.

Examples of such firings aren’t in short supply. Consider these cases:

• In 2022, a food service worker lost his job after posting a video that showed him tampering with food.
• An employee at a Houston hospital was fired after posting racist tirades on social media.
• A major airline fired 13 employees for posting insults about the company and its customers.

When, exactly, is your employer within their rights to fire you for something you’ve said on social media? We’ll cover some examples to help you understand the impact of social media on wrongful termination claims below.

Breaching Confidentiality

As an employee, you naturally know things about your company that the general public doesn’t. Perhaps you’re aware of an upcoming merger or acquisition, and your employer tells you to stay tight-lipped until the official announcement. You’re excited to share the news, though, so off you go to social media. A few days later, your boss finds your post and fires you.

It’s perfectly legal for employers to fire you for breaching confidentiality, so share with caution on social media.

Acting Unprofessionally

It can be cathartic to complain about your boss or customers on social media, but you should share such complaints over the phone or in person. If your employer discovers your rude remarks, they’re well within their rights to let you go.

What you do outside of work should be your own business, but if you post those activities online and they paint your company in a bad light, expect to lose your job. That’s what happened to one high school teacher in 2013. Her employer fired her after she posted about drug use and put racy photos of herself on Twitter.

Misrepresenting Yourself

Misrepresenting yourself or your qualifications can reflect poorly on your employer. For example, let’s say you’re a nurse. On social media, you present yourself as a doctor and start dishing out medical advice that you’re not qualified to give. Your boss can fire you for doing so.

Making Negative Comments About Customers or Employers

Social media was practically built for airing grievances, and daily, employees flock there to complain about rude customers and their terrible bosses.

It’s tempting to blow off steam about a bad day at work, but this is one temptation that you should definitely resist. Examples abound of employers firing workers for the rude comments they’ve posted on social media.

When Is It Wrongful Termination?

If your employer let you go for something you said on social media, you may wonder if it’s wrongful termination. In some cases, it might be.

Legally, your employer cannot fire you for talking about starting a union or discussing pay. They also cannot terminate you based on protected characteristics such as gender, race, religion, or disability status.

Additionally, your employer cannot fire you for talking about discrimination or certain poor conditions you’ve experienced at work. For example, say that your co-worker has been sexually harassing you and your boss refuses to do anything about it. Your employer can’t let you go for discussing the harassment online.

Understanding how social media affects wrongful termination allegations can help you determine if you have a case.

Remedies for Wrongful Termination

The impact of social networks on wrongful termination claims can be massive. If you suspect that your employer wrongfully fired you for something you posted online, you can file a wrongful termination claim. Damages available to you may include:

• Lost wages and benefits
• Emotional distress
• Attorney’s fees

In some cases, the judge will order your employer to pay punitive damages as well.

Learn More About the Influence of Online Platforms on Wrongful Termination Claims

If you need further guidance on understanding the impact of social media on wrongful termination claims, contact a wrongful termination lawyer at Kent Pincin at (310) 376-0922 for a free consultation. Learn more about social media’s influence on wrongful termination cases today.