Can I be fired for something that I wrote online?

UPDATED: Aug 3, 2015

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Can I be fired for something that I wrote online?

Asked on August 3, 2015 under Employment Labor Law, Georgia


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

Answered 7 years ago | Contributor

Assuming that you are referring to something yuou posted on a social networking site, then the answer is yes; you can be fired for such a posting. The fact is that in an "at will" employment work arrangement an employer can set the terms and conditions of theworkplace as it sees fit. This includes dismissing an employee for comments made online. This is true unless an employee has protection pursuant to an employment contract, union agreement, etc. that prohibits discipline for this type of activity or their treatment constitutes some form of actionable discrimination.

That having been said, there is an exception regarding dismissal of an employee for such postings. If the comments amounted to "protected concerted activity", then under federal labor law, an employer cannot fire a worker for such posts. In some cases it has been found that online comments are no different than workers gathering around "the water cooler" to talk about conditions in the workplace. The NLRA (National Labor Relations Act) prohibits employers from punishing employees for discussing about workplace conditions, wages or forming a union.

Since you gave no psecific details, it's hard to advise further. At this point you can consult directly with an employment law attorney in your area.

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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