Social media plays a significant role in many people’s lives. Employees often share opinions, personal experiences and other content online.
However, some employers may monitor social media activity and take action against employees for what they post. In California, firing someone for social media activity may be wrongful termination under certain circumstances.
California law protects private social media activity
California law offers protections for employees’ social media activity. Under California Labor Code Section 980, employers cannot request or require access to an employee’s personal social media accounts. This law also prohibits employers from firing or disciplining employees for refusing to provide such access.
If an employee shares opinions or content on personal time using personal devices, employers generally cannot take disciplinary action based on that activity. However, exceptions exist if posts violate company policies or reveal confidential business information.
Free speech rights in the workplace
In California, employees have free speech protections under the state’s labor laws. Employees may discuss wages, working conditions or workplace concerns on social media without fear of termination. This right falls under the National Labor Relations Act, which applies to both union and non-union employees.
Employers cannot fire employees for speaking out about unsafe work conditions, discrimination or harassment. If an employee posts about these topics in a lawful and honest manner, retaliatory termination would be wrongful.
When social media activity may lead to lawful termination
Certain social media posts may provide legal grounds for termination. If an employee’s content includes hate speech, threats of violence or disclosure of confidential company information, an employer may take disciplinary action. Similarly, posts that damage the employer’s reputation or violate clearly defined workplace policies may justify termination.
Employees who believe their social media activity led to wrongful termination should gather evidence. Screenshots of posts and written communications can help document the situation.
Filing a complaint with the California Civil Rights Department may be a necessary step to challenge wrongful termination.