Can I be sued for a Facebook review?

UPDATED: Oct 1, 2022

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Can I be sued for a Facebook review?

My postNot a good place to work. If the manager doesn’t like you, she fires you. There was no front desk person the day I started nobody knew how to do the job. I learned it on on my own in the 3 weeks I was there. Her reason for letting me go,

Asked on September 9, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you could be: what you describe is partly defamation. Defamation is making an untrue statement of fact which damages another's reputation (including the reputations of both people and businesses). You can safely say it was not a good place to work--that is an opinion, and an opinion is not defamation. 
But saying the manager fires you if she doesn't like you is a factual assertion: it states the the manager fires (a provable act) *anyone* whom she does not like. Find any employees whom she does not personally like who have not been fired, and this is a false factual assertion--that is, it may be defamation. Never make any factual assertion which may be proven false on social media.
For reference: unless you had a written employment contract protecting or guarantying your job (e.g. a one-year contract), you were an "employee at will" and could be fired at any time, for any reason, including during your probationary period. There is no right to a job without a contract.
And saying someone is not the "right person" is a common and perfectly acceptable reason or ground to fire someone: an employer does not need to keep anyone they don't think is appropriate or right for a position, even if that is just based on their gut instinct or subjective impression. Remember: you don't have a right to a job; they do have the right to terminate you.

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 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.

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