Can an employer fire you for a remark made on Facebook?

A girl that was fired was saying bad things about her manager and I remarked that “I need to get out of here” “I cant take it anymore” and that was all I said. Can I be fired for this?

Asked on August 21, 2012 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you can most likely be fired for this. The First Amendment right to free speech does not apply to private employers; employees may terminate employees for things they say about the company or supervisors, including things said on social media. Sometimes, a court might hold that certain speech is in fact protected under an employee's right to try to organize or unionize, but more often than not, employees can be fired for what they say online.


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