Sometimes, I hate my boss.  Yes, I said it. Can I be fired if I post that on social media? The answer…maybe!

We all have those days when our boss drives us crazy, and we vent by creating a social media post or like another person’s post.  In the moment, the person ranting is focused on short-term relief without thinking of the potential negative consequences which could impact their long-term employment. The fact of the matter is, “an employer could fire an employee for just about anything, including criticizing the company on social media or anywhere else” (Kaufman). That means you can be fired for that rant and it may be completely within your employer’s right to do so.

It’s based on an employment practice called employment-at-will, which is the norm in all 50 U.S. states, except Montana. Employment-at-will is an “employment law practice in which an employer and employee agree there is no set period of employment. Additionally, the employment may be terminated either by employer or employee at any time and for almost any reason” (Cornell). From an employee perspective, the advantages of the employment-at-will policy include freedom to leave their position and employer at their choosing. From an organizational perspective, the advantages of the employment-at-will policy include freedom to terminate employment of any employee at any time. Exceptions include implied contracts with employment for a fixed term and dismissal for illegal reasons. 

What about freedom of speech? Wouldn’t a social media post be covered under freedom of speech? It’s a gray area. Founding Father James Madison couldn’t have anticipated social media when he wrote the Bill of Rights and the First Amendment to the U.S. Constitution. “Most categories of speech are protected to some extent by the First Amendment, but there are exceptions, including things like incitement, true threats, defamation, obscenity, fraud, and others.  Many people are often surprised to learn that “hate speech” is not one of those exceptions and is typically protected by the First Amendment” (University of Pittsburgh) but, if the post is general, those are not protected activities and employees would be held liable for their words. Again, pretty gray.

Then there’s the National Labor Relations Act. “In 1935, Congress passed the National Labor Relations Act (“NLRA”), making clear that it is the policy of the United States to encourage collective bargaining by protecting workers’ full freedom of association. The NLRA protects workplace democracy by providing employees at private-sector workplaces the fundamental right to seek better working conditions and designation of representation without fear of retaliation” (National Labor Relations Board). Still, that might not be enough to get you fired.

It is important for organizations to include social media rules in their company handbooks and clearly detail what employees can and cannot do. Experts recommend that organizations illustrate how an employee’s personal social media posts can damage a company’s reputation.  They should also encourage workers to think carefully about the impact of their words. In addition, “organizations should include policies that direct employees to avoid disparaging competitors or revealing trade secrets, along with disclosing that their posts do not represent the views of the company they work for” (Kaufman).

So, next time you want to rant about your boss, don’t go to social media. Take a deep breath and eat some ice cream instead.