Does an employer have the right to put employee on probation for a video they shared from their church?

UPDATED: Sep 30, 2022

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Does an employer have the right to put employee on probation for a video they shared from their church?

A girl that lives with us was contacted by
her employer over the weekend asking why she
had posted the students in a video on
Facebook. She then replied no it wasn’t at
the daycare this was a video I shared from my
Her employer then told her she is on
probation for the next 90 days..

I’ve done research and I haven’t seen
anything that states that the employer can
donly this.

Asked on October 17, 2016 under Employment Labor Law, Indiana


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

Answered 6 years ago | Contributor

The fact is that most employment is "at will", which means that an employer can set the conditions of work much as it sees fit. This uncludes when and why to place a worker on probation. In fact absent a union agreement or employment contract to the contrary, a worker can be disciplines (or suspended/terminated) for any reason or no reason at all, with or without notice.

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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