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Can my employer discipline me for my comments posted on Facebook, MySpace, or my blog?

In some cases, yes, your employer may be able to discipline you for comments made online, even outside of business hours. While negative postings about your employer may be legal and permissible under the First Amendment, your employer may be able to discipline and even discharge you if you are openly critical about your employer. Many states consider most employees to be at will, which means that you can be discharged for any reason other than an illegally discriminatory reason. Another reason for discipline or discharge by your employer in this situation is if you divulge confidential information from your workplace in your web page or blog. If an employer finds that you have violated a stated workplace policy regarding confidentiality of information, you are likely to be subject to discipline or discharge.

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