Could Your Social Media Posts Get you Fired in Michigan?

Social media is everywhere, and in everything. One of the unfortunate side effects of constant contact and exposure with everyone you know (and some you don't) is that literally anything can be said in the public forum.

Unfortunately, that means that some of those "intrusive thoughts" you typically keep to yourself, make their way into the world, and there's a reason they're called "intrusive," because they probably shouldn't be there. And if you post them on social media in Michigan, it could cost you your job.

Get our free mobile app

Bernabei & Kabat, PLLC asked this exact question, and it turns out there are some stipulations.

They specialize in wrongful termination suits, and if contacted, would likely as the following questions:

"Did you post to social media during working hours?"

Overall, you have more rights when you're posting outside of work. However, if it's found out that a "post in question" was distributed during work hours, then the employer might have a point. So make sure, IF you are going to post something that might be deemed controversial, you do it outside of normal work hours.

But, this doesn't fully shield you from being disciplined or terminated. If your account is public enough that it could connect directly to the company, then you might still have some major issues. For instance, you post something that is racially insensitive, and have listed that you work for "Company A," then "Company A" can directly discipline you, as it could be considered a reflection of their own staff, or hiring practices.

Things that are over the top, such as racial issues, or controversial opinions can still result in being fired.

One last thing, though, maybe your posts aren't about race, or the government... maybe your posts are about your own job.

"Did you post something critical of the working conditions at your job?"

Legally, Bernabei & Kabat say as long as your truthful about the conditions in your post, then you could be in the clear. This includes pay rates, disparities, vacation, harassment, and a number of other things that could be construed as "unsafe work conditions."

Obviously, if you're posting something about your work conditions, you want it to be factual. Embellishments and outright lies will definitely put you in hot water.

The law firm also discusses first amendment rights (you can post it freely, but you might still have to face the consequences), and if you think you didn't violate any guidelines by your employer as specifically lined out in an employee handbook.

Bottom line... YES, given specific situations, your employer can still fire you for what you post on social media. So best practice is likely to maybe not let the intrusive thoughts win.

But if you feel it's important enough to roll the dice and post, then be prepared for the accountability that comes with it.