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Can comments on Facebook get me fired? Ask HR

Question: Can an employer fire an employee for what they post on their personal social media accounts, if the posts are not discriminatory, incendiary, etc.?

But when does an employer overreach into an employee's right to free speech when it has nothing to do with the work the employee has been hired to do and is not on a company social media platform?

Unless there is a collective bargaining agreement or employment contract in place, employers can fire employees with, or without, reason because employment in most states is at-will. It might sound harsh, but lets remember this goes both ways: Either party can end the relationship for any reason at any time.

As far as the First Amendment, yes, it does prevent the government from passing laws or taking actions that limit free speech.

But let me be clear: It does not apply to private employers, nor does it protect someone from losing their job over comments on social media.

In recent years, the National Labor Relations Board has issued guidance for employers regarding employees digital conduct on social media. Private sector employees have the right to engage in what is referred to as concerted activity under the National Labor Relations Act.An employee's posts on social media platforms might be considered concerted or in other words protected, if they are discussing working conditions such as pay and benefits.

Doing so will spare your workplace of non-literal headaches and preemptively help your employees and you do whats best for everyone.

Original article