A post on your personal social media account can sometimes affect your job. In Indiana, most employees work at will, which gives employers broad authority to end employment. However, employers cannot terminate you for reasons barred by federal or Indiana law.
When can a social media post get you fired?
An employer may have a reason to discipline or fire you over a post, particularly when the content violates a workplace policy or discloses confidential information.
Having a personal account does not automatically protect you from job consequences. Your employer may also have policies on online conduct, including conduct outside work hours. However, those policies cannot override rights protected by federal or state law.
When might a post be protected?
Some social media activity may be protected when you discuss wages, benefits or working conditions. Federal labor law can protect this type of activity, even without a union.
A post can sometimes count as protected even if you are the only employee posting. For example, you may post about group action or raise a complaint for coworkers.
A personal complaint is not necessarily protected simply because it mentions your job. Other legal protections may apply if your post relates to reporting discrimination, harassment, retaliation or certain workplace safety violations.
Does the First Amendment protect your post?
The First Amendment generally limits government action, not private employers. You usually cannot rely on the First Amendment alone to stop a private Indiana employer from acting on your post.
Public employees may have additional legal protections based on what they said and their role as government employees.
What should you do if you were fired over a post?
Before deleting the post or related messages, save copies of the relevant material. Keep warnings, termination notices and communications about the post.
If your post involved wages, working conditions, discrimination, safety or another workplace concern, the facts may warrant review. An employment attorney can help determine whether your employer’s action violated a legal protection.
