Understanding Your Rights When Your Social Media Opinions Become Controversial

We have all been there: Scrolling through our social media feeds, seeing something that really gets under our skin, and hitting “post” before we can think about the implications of that comment or post. Sometimes, it is about politics, a news event, or something controversial that is blowing up online. Then reality hits: What if your employer sees it? Can they fire you for what you post on your own time? In California, your employer cannot punish you just because you posted something they disagree with outside of work. However, while California law offers such protections, they are not unlimited. An employer can step in if it involves harmful behavior.

What Counts as Protected Workplace Speech?

Some people do not realize that some social media conversations are actually protected workplace speech. According to the National Labor Relations Act (NLRA), whether or not your workplace is unionized, there are protections for employees who discuss working conditions, management decisions, wages, treatment at work, or anything that affects collective performance.

For example, suppose you and coworkers comment on Facebook about how management handled political discussions at work or how certain employees were treated after sharing opinions. In that case, that’s considered “protected concerted activity.” Your employer cannot retaliate against you for that kind of discussion. For instance, in the case of Napear v. Bonneville Int’l Corp., a federal court held that allegations about an employer’s immediate firing of an employee and how the employee was publicly addressed by the employer after tweeting about Black Lives Matter were sufficient to support a retaliation claim under California law.

When Can Your Employer Respond to Your Social Media Posts?

There are situations where things may take a different turn. Your employer may take action if your content:

• Targets a specific coworker based on their race, gender, religion, or other protected characteristics
• Harasses or threatens someone
• Creates a hostile work environment.

It is worth noting that this is not necessarily because of your viewpoint, but because such content violates anti-harassment or safety policies under Title VII of the Civil Rights Act of 1964. So, if your employer punishes you purely because they disagree with the opinions expressed, you can take legal action against them. But if the issue is harassment, they are allowed to enforce the rules.

What Should You Do if Your Post Becomes an Issue?

If your employer questions you about a social media post or if you feel you are being treated unfairly, consider taking the following steps:

• Ask how your post violated company policy
• Request clarification on which rule applies and how it is being enforced
• Keep records of conversations or actions taken against you
• Speak with an employment attorney if you believe you are facing retaliation

As an employee, California law has your back when it comes to expressing your personal views online. As such, you should not have to worry about losing your job because you posted something controversial on social media. At the same time, though, it is essential to understand the boundaries, as they keep your job safe while still allowing you to express your opinions online.

Contact a California Employment Lawyer Today

If you have further questions or concerns about the implications of your social media posts or need help understanding your employment rights, contact an experienced California employment lawyer today for further expert legal guidance.