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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.