Can an employer fire me and/or press legal matters for calling someone a faggot on Facebook not a co-worker?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer fire me and/or press legal matters for calling someone a faggot on Facebook not a co-worker?

On my own time, in my own domicile, I posted a comment in relation to the recent riots where I referred to an individual as a

Asked on August 15, 2017 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, your employer cannot press charges regarding this posting. It has suffered no direct harm from due to it. However, that having been said, many companies have social media policies, which if violated, can result in an employee's termination. And even if no such policy existed, as an "at will" worker your compony could have fired you for any reason or no reason at all, with or without notice. That is unless doing so vilated the terms of an employment contract or union agreement. Bottm line, absent some form of legally actionable discrimination, a business may set the conditions of employment much as it sees fit.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, there are no legal charges or lawsuits you could face if you did not in doing this identify yourself as an employee of this company, because without identifying yourself, any impact from your statement on the company's image is too speculative or causally remote as to sustain liabiltiy.
On the other hand, you can be terminated over this unless you have an unexpired written employment (or union) contract for a specified or definite term, which contract contains provisions preventing your termination for this reason. Without such a contract, you are an employee at will and may be termianted at any time, for any reason, including your employer not liking something you said or stated on your own time. Employees at will have no protections for their jobs.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption