Can an employer fire me for something I wrote on Facebook even though they shouldn’t have been able to view it because my profile it set to private?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an employer fire me for something I wrote on Facebook even though they shouldn’t have been able to view it because my profile it set to private?

Asked on August 3, 2011 Florida

Answers:

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

Answered 12 years ago | Contributor

As a matter of fact your employer can fire you for on-line postings. In fact, if you are an "at will" employee (and most employees are) your workplace can fire you for this or any reason, even no reason at all. Employers have a great deal of discretion when it comes to setting the terms and conditions of employment. Absent a company policy to the contrary, or a union agreement, or employment contract prohibiting this, your employer's action was lawful. In other words no laws have been violated. 

Note: Another exception to the above is if there was some form of discrimination at play (although you did not indicate that to be the case). That would be illegal.


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 lock Secured with SHA-256 Encryption