Getting fired over something you posted online can be a jarring experience, especially if you made the post on your own time, using your own device, and the content has nothing to do with your work.
Whether a coworker spotted it and sent a screenshot to HR or your boss caught it while scrolling through your public profile, the experience is likely to leave you wondering: Is this legal?
The answer is yes, in many cases. Washington is an at-will employment state, which means an employer can generally fire you for just about any reason, including something you posted on social media, or no reason at all.
That said, there are some significant exceptions to this general rule. There are also some limits on employers’ monitoring of their workers’ social media accounts. They often arise in wrongful termination cases related to social media posts.
At Justice Law Corporation, our Washington wrongful termination lawyers help working people fight back against a wide range of unlawful employer conduct. That includes representing employees who have been fired over social media posts. We are seasoned attorneys who have dedicated our professional lives to employment cases and have a significant track record of success.
Here is what you need to know about social media monitoring and when your employer can discipline or fire you over posts.
Can My Employer Look at My Social Media?
Yes, if the posts are public. There is no law in Washington that prohibits an employer from viewing, saving, or taking action in response to content that you post publicly. That includes anything generally visible on the internet.
Private accounts are a different story. Your employer cannot force you to make private posts visible to them. They cannot force you to:
- Give up your username or password for a personal social media account
- Log in to your account in front of them so they can look over your shoulder
- Add a manager as a “friend” or connection so they can view your private content
- Require you to change your privacy settings to make content visible to them
Protections against retaliation are a key part of your privacy rights. An employer cannot fire, discipline, or refuse to hire you because you declined to make private social media accounts viewable to them.
There may be very narrow exceptions, such as when an employer is investigating harassment claims or leaks of confidential company information. An employment lawyer can help you understand your rights and options in these situations.
At-Will Employment in Washington
Your employer generally can fire or discipline you for posts they see as unlawful, whether it is because the posts were public or someone shared screenshots. That is because Washington, like most other places across the country, is an at-will employment state.
This means you can generally be canned for complaining about your job, posting off-color jokes, or expressing opinions your employer dislikes. It is important to understand that the First Amendment restricts government action, but does not extend to private companies. Free speech is not a legal defense to a social media firing, unless you are a public employee.
Crossing the Line: When Social Media Firing is Illegal
Certain social media firings are unlawful, regardless of how an employer becomes aware of the information. Here are some of the most common situations likely to support a wrongful termination claim.
Posts About Pay, Workplace Safety or Working Conditions
Your post may be protected by state and federal laws if you discussed your pay, hours, safety concerns, or other working conditions. That is especially true if it is directed at your coworkers.
Labor and employment laws recognize that it is vital for workers to be able to talk with each other about pay, hours, schedules, safety, management practices, and other terms and conditions of their jobs. Clamping down on this makes it harder for workers to uncover potential legal violations and enforce their rights at work. These protections are not only for employees who are members of unions or whose workplaces are covered by collective bargaining agreements.
Discrimination
Some people share more information about themselves online than they do at work.
Social media posts may reveal your religion, sexual orientation, gender identity, pregnancy, disability, age, or military status. These are all protected characteristics. If they are the real reason for your firing and the supposed “social media policy violation” was a pretext, that is unlawful discrimination.
Political Activity
Your employer cannot punish you for supporting or refusing to support a political party or candidate. If you can trace your firing back to political posts, you may have a claim for wrongful termination.
Whistleblowing
State and federal laws also protect whistleblowers who expose potentially illegal conduct. Your employer cannot discipline you for posts reporting theft, fraud, harassment, unsafe practices, or similar activity in your workplace.
What to Do Next
If you think you may have been illegally fired over a social media post, you have the right to take action. Time is of the essence: Strict deadlines must be met to file a claim, or risk losing the right to do so.
The first thing to do is preserve the evidence. Keep copies of:
- The post in question
- Screenshots of comments and replies
- Emails from management
- Text messages
- Performance reviews
- Employee handbook provisions
- Termination paperwork
- Any explanation your employer provided
- Communications showing different treatment of other employees
Do not delete the original post, even if you have taken a screenshot. This is often some of the most important evidence.
Timing is critical in these cases, especially when an employer claims a firing is not related to a post. Write down when you posted, when your employer saw it, what was said in response, and when you were fired.
Speak With a Washington Wrongful Termination Lawyer
If you believe that your employer is violating your rights on the job, whether it is by being underpaid, wrongly terminated, or in other terms and conditions, you do not need to go it alone. A Washington wrongful termination lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Contact us at 360.207.0000 to schedule a free consultation with a Washington wrongful termination lawyer.
