Can You Be Fired for Social Media Posts?
This is a question we get a lot today, and the answer is (like most things under the law), “It depends.”
The first thing to look at is whether you work for a private employer or a governmental entity.
If you work for a private employer, the answer is almost always: Yes, you can be fired for your social media posts. In Tennessee, there are very few exceptions, which rarely apply to these situations.
However, if you work for a governmental entity, the answer is not as simple.
Social media posts are considered speech according to the First Amendment to the Constitution.
Government employees cannot be fired for social media posts that are:
- Made on their personal accounts about a matter of public concern and;
- The social media post does not substantially affect the employer’s ability to operate efficiently.
Whether a post is about a matter of public concern is going to be very fact-specific. The same is true when determining if the post substantially affects the employer’s ability to operate efficiently. That is why you need to discuss your case with an experienced employment lawyer — because no one’s case is exactly the same.
Our office handles these types of claims, and our skilled employment attorneys would be glad to discuss the specifics of your case at no charge.
You can reach our office at (615) 850-0632.
