Social Media Use at Work

Social media may be a major part of your daily life. Companies have employees just to handle corporate social media accounts. However, there is a difference between personal social media and work social media.

This article addresses using your personal social media accounts while at work. Your employer can discipline and even fire you for using personal social media in the workplace. Your employer can even fire you for something you posted on social media.

State and federal law does protect certain social media use. If you were fired or disciplined for social media posts, talk to an employment law attorney about your legal rights.

Can Your Employer Limit Social Media Access? 

Employers can limit your social media access during work hours. While you are being paid to work, your employer can limit your phone use or social media posting, even to “professional” social media sites like LinkedIn.

Employers generally have much leeway to limit what you do during the work day. Most jobs are at-will — meaning your employer can terminate your job for any reason or no reason. However, employers cannot fire you for an illegal reason, like discrimination or reporting sexual harassment.

Employers may have valid reasons for telling you not to post on social media platforms while at work. Social media usage can limit employee engagement with customers and reduce employee productivity. An employee distracted by their phone may also be a safety risk.

There may be security concerns if you show images of your desk, workplace, or confidential information on TikTok, Instagram, Facebook, Whatsapp, or other social platforms. Using work equipment to access social media accounts can expose work computers to viruses or other security threats.

What Are Some Examples of Appropriate and Inappropriate Social Media Use at Work?

You should generally engage in social media activity in your own private time. Examples of appropriate use of social media sites and forums at work include:

• Before work, while you are on a break, or after you are off the clock
• For emergencies
• When using social media profiles for a work purpose

If your job involves social media marketing for your employer, you may be using social media during work hours. Appropriate business-related reasons for a social media presence include:

• Employee recruitment
• Employer’s brand recognition
• Promoting services and products

However, you still have to follow employer policies. Talk to your supervisor before posting if you are unclear about a social media message. Once sensitive information is on social media, it can be hard to nearly impossible to take it back.

Is My Employer’s Social Media Policy Legal?

Social media policies at work are generally legal if they have a work purpose. However, certain social media use is protected. State and federal whistleblower laws may protect you if you report fraud or illegal activity by the employer.

Employers cannot take adverse action against you based on a protected status. This includes discrimination based on your:

• Race
• Color
• Religion
• Sex
• National origin
• Age (40 or older)
• Disability
• Genetic information

For example, if you have information on a social networking site that you have a disability, the employer can’t take disciplinary action based on your disability.

Using social media tools to organize coworkers to unionize is also protected. Your employer may tell you to limit social media use until off-work hours. However, using social media to organize a union is a protected concerted activity while on a break or off the clock.

Can My Employer Discipline Me for Using Social Media During Work Hours?

Your employer can discipline you for violating company policies, including using social media sites while at work. If your social networking is work-related, follow company policy. Violating workplace policies can result in a warning, demotion, or termination.

An employer may claim you are being disciplined for something else if they are firing you illegally. For example, an employer wants to fire you because you are posting about unionizing on your social media account, but they claim they are firing you to save money.

If you suspect you were disciplined based on a false pretext, talk to an employment lawyer to understand your legal rights.

Can My Employer Discipline Me for Social Media Posts?

Inappropriate social media app use, even for personal use, includes false statements or doing something illegal. For example, if you threaten a co-worker on your private social media channel, your employer can discipline you. If you make a false statement about your employer’s services or products, it can hurt employee morale or public relations. Even if it was your personal account, an employer can fire you based on the impact of social media accounts.

Can a Lawyer Help if You Get Fired for Social Media Use?

You may have protections if your employer fired you because of something you did on social media. State and federal laws may protect you if you get fired for an illegal reason, like discrimination or whistleblowing. Some broad policies regarding social media usage might be deemed discriminatory if they affect one class of people more than another. Federal labor laws also protect you if you are let go for trying to form a union using social media.

An experienced employment law lawyer can review your case, explain your legal rights, and help you get compensation.