Can I get fired over a twitter post concerning my negative opinion about a coworker?

Is it wrongful to receive a citation from my employer?

Asked on July 17, 2012 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The first amendment protection for freedom of speech does NOT apply to private employers; you can, as a general matter, be fired for what you say, including online and by tweets, so long as you do not have a contract limiting the grounds for termination. There are limitations--for example, comments about the company itself, which do not divulge confidential information, *may* be protected sometimes as an activity related to employees' right to organize and bargain collectively (though I still recommend NOT making such comments--this protection is far from absolute); however, a comment made about a co-worker would not be protected at all. Therefore, you could be disciplined in any way up to and including termination.

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