Social media has become a powerful tool for self-expression, activism, and holding authorities accountable. However, it has also become a potential minefield, where a single post can lead to professional consequences—including termination.
The recent case of Ushie Uguamaye, also known as Raye, a National Youth Service Corps (NYSC) member, has reignited concerns over the boundaries between free speech and professional repercussions.
Raye’s viral video highlighting Nigeria’s economic hardship led to reported threats from NYSC officials, demanding she take down the post. Her experience raises critical questions: Can an employer, government agency, or institution legally penalise individuals for their social media activity? Where is the line between personal opinion and professional responsibility?
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This article explores the growing intersection between social media, employment, and freedom of expression, examining legal protections, real-life cases, and what individuals should consider before hitting ‘post.’
Firing Over Social Media Posts – What Workers Need to Know
Employees thinking of criticizing their employer on social media may want to reconsider, as companies generally have broad authority to terminate workers over such posts. While some legal protections exist, they apply only in specific circumstances, as highlighted by the recent firing of a Tesla manager who posted critical comments about CEO Elon Musk on LinkedIn, according to The New York Times.
Jeffrey Hirsch, a professor of labour and employment law at the University of North Carolina, said that employers have significant discretion when it comes to firing workers.
“In general, an employer could fire an employee for just about anything, including criticizing the company on social media or anywhere else,” Hirsch said.
Tesla has not responded to requests for comment on the firing.
Speech That’s Protected – and Not Protected – on Social Media
Whether an employee’s social media post can lead to termination depends on several factors, including whether they work under an “at-will” employment contract. At-will employment allows either the employer or the worker to terminate the employment relationship at any time for any reason.
The National Conference of State Legislatures states that Montana is the only U.S. state that does not follow the at-will employment model, requiring that firings be for a specific cause.
Employees do have some protections under the National Labor Relations Act (NLRA), which allows them to engage in “concerted activity,” meaning discussions with co-workers about employment conditions.
Catherine Fisk, a professor of employment law at the University of California, Berkeley, said that workers can claim protection if they can argue their posts were aimed at communicating with or encouraging co-workers.
“The speech is very likely protected under the law,” Fisk said.
According to Hirsch, even an action as simple as “liking” a co-worker’s Facebook post criticizing workplace conditions could qualify as a protected activity. However, discussions must be specific to workplace policies affecting multiple employees.
“If it’s something more general, like ‘my employer stinks’ or ‘my boss is a jerk’… those are not protected activities,” said Mark Kluger, an attorney at Kluger Healey who advises businesses on labor policies.
Public sector employees, including federal, state, and local government workers, have First Amendment protections, provided their speech addresses a matter of public concern and is not unduly disruptive. Fisk noted that teachers and police officers have previously won First Amendment cases after being disciplined for social media posts.
Social Media Policies and Employer Restrictions
While companies cannot outright prohibit employees from making negative comments about them, they can take steps to limit harmful or misleading statements.
“The National Labor Relations Board previously has looked at those types of provisions and said they’re too broad,” Kluger said. “Because it would be perceived as inhibiting an employee from complaining about terms of employment.”
A company’s social media policy can prohibit employees from making false or defamatory statements, disparaging its products or services, or sharing trade secrets. Many companies encourage workers to clarify that their personal posts do not represent the employer’s views.
What Employees Can Do If They Believe They Were Unfairly Fired
If an employee believes they were fired for engaging in a protected activity, they can file a complaint with the National Labor Relations Board (NLRB), which will investigate and reach out to the employer. If the case proceeds, the NLRB will take it up at no cost to the employee.
Hirsch noted that many workers are unaware of this process.
“The bad news is most people don’t know about it,” he said. “And most lawyers don’t even realize that a non-unionized employee could have this protection.”
If a judge rules in the employee’s favour, they could be reinstated with back pay.
Recent changes at the NLRB may influence future cases. A federal judge recently ruled that former NLRB chairwoman Gwynne Wilcox was unlawfully fired by President Trump. While the board is expected to soon have a Republican-appointed majority, Hirsch said most cases involving social media retaliation have clear evidence and would likely not be affected by political shifts.
“It depends on how close to the margin a case might be,” he said.
Kluger said that social media-related employment issues tend to rise during times of political or social tension.
“When things are a little calmer — although I can’t remember any of those times recently — then things calm down a little bit,” Kluger said. “But there always seems to be something that people are commenting on that may impact their employers’ feelings about whether they want to be associated with those views.”
