Is my employer allowed to discipline me for my personal actions on Facebook?
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Is my employer allowed to discipline me for my personal actions on Facebook?
My employer, per its policy handbook, states employees’ personal Facebook/social media accounts should not include references to any of the following: “partying…alcohol use…sexually implicit comments/images” and that any employee who has been determined by the company to have violated any of these “may be subject to disciplinary action, up to and including termination of employment.”
Asked on January 27, 2015 under Employment Labor Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Most employment relationships are what is known as "at will". This means that as a general rule, an employer can set the terms and conditions of employment as it sees fit. This includes disciplinary action (or even termination) for comments made on a social networking site. Consequently, unless there is a union agreement or employment contract that prohibits your termination for such a posting or your treatment constituted some form of actionable discrimination, your employer make take such action as it deems necessary.
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