In recent years, many employers have held their employees accountable for their actions outside of traditional working hours, including their presence on social media. Some employers may believe that the social media presence of their employees is a direct reflection of their company’s reputation. America’s current political landscape has many people wondering if they can be fired for posting on social media. For those living in Massachusetts, the simple answer is yes, but complexities can arise regarding the circumstances or context in which you were terminated.

Growing Impact of Social Media on Private and Public Employees

Many private employees do not have First Amendment protections and are held to the standards of an employment contract, while public employees do have some protections. Depending on the nature of your termination, you may have a wrongful termination case against your employer.

The truth is that the online activity of workforces continues to be under greater scrutiny than ever before, where it has become increasingly common for employers to monitor the online presence of their staff. As such, there have been multiple instances where a staff member has complained about their supervisor online, shared sensitive company information on social channels, or expressed a political stance via platforms like Facebook.

In some circumstances, being fired for what you post online in the state of Massachusetts could warrant a call to a qualified employment attorney. Understand Massachusetts employment laws by collaborating directly with your attorney.

Can Employers Legally Fire You for Social Media Posts?

Yes.

Massachusetts is an “at-will” employment state, and the working relationship you have with your employer can be ended at any time. An employer can terminate an employee for any reason, or no reason at all. Workers in Massachusetts are protected from being terminated in the event their termination is based on discrimination, whistleblowing, or refusing to participate in an illegal activity

Should an employee be part of a union or work in the public sector, they may have additional protections in place against termination, or be subject to other terms and conditions as part of their employment agreement. The specifics would be outlined in the individual employee’s employment agreement.

Social Media Activity That May Lead to Termination

There are many cases in which an employee’s social posts could warrant termination on behalf of their employer. This includes:

Offensive, discriminatory, or harassing content.
Sharing of confidential company information online.
Posts that criticize the employer or fellow co-workers.
Social media behavior outside of work that damages the company’s image.

Many employers in Massachusetts have language within their employment agreements that articulates their expectations of good behavior, both online and offline.

Free Speech Legal Protections For Employees in Massachusetts

The National Labor Relations Act has protections in place for what is considered “concerted activity.” This would include employees organizing, unionizing, or striking, in an effort to increase wages or improve working conditions. At times, such discussions can occur online on social channels like Facebook or X, and an employer can not dismiss employees participating in such discourse.

Some recently dismissed private employees believe they have the First Amendment right to free speech, both on the job site and online after regular working hours. This does not mean that employees can say anything they want on social media, especially if what they post is in violation of their employment agreement. As a result, they could be legally terminated for what was posted online.

As for public employees, including teachers or professors, they have limited First Amendment protections regarding free speech and are able to speak on matters of public concern outside of the job site. Public sector employers can speak on matters of public concern, as long as it is not considered “disruptive” to the workplace, and such speech is expressed outside of their official duties.

H2: Additional Resources For Massachusetts Wrongful Dismissal

Explore our online blog to read more about employment matters in Massachusetts.

What To Do If You Suspect You Are Wrongfully Terminated

In the event you believe you have been wrongfully terminated, your best course of action is to speak with a qualified employment attorney as soon as possible. Consider gathering evidence regarding your termination, including online correspondence, but also taking notes during in-person meetings. Refrain from partaking in further online activity that could influence your case; carefully gather the information and circumstances surrounding your termination.

There are statutes of limitations in place for such cases, and a lawsuit will need to be filed within these timelines to ensure success. Your best course of action is to speak to an employment attorney within 300 days of your termination.

Choose Fogelman LLC For Free Speech Termination in Massachusetts

These kinds of cases can grow to become complex matters very quickly. Reaching out to an attorney to discuss the circumstances of your case is your best option. Learn whether or not you have a valid case against your employer and the potential compensation that could be available to you.

Fogelman LLC maintains a remarkably strong track record of success regarding wrongful terminations in the state of Massachusetts. Even if you are unsure if an attorney is worth a call, simply partaking in a free consultation comes at no risk to you. There is no obligation to retain our services, and we are happy to speak with new clients who wish to better understand the circumstances regarding their termination.

For those who have experienced a wrongful termination, there are benefits available to you. Speak to us today and contact Fogelman LLC to learn more if we can help. Contact us now to learn more.

Can I Be Fired For Posting on Social Media in Massachusetts?