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MY BOSS SAYS . . . he's firing me because of something I posted on Facebook.

Employees are sometimes fired because of statements and opinions they have posted on social media. Often I receive questions about whether such terminations violate the First Amendment to the Constitution which protects the right to free speech from government restriction. However, private employers are not the government, and the First Amendment does not necessarily protect employees of private companies when those companies fire them for what they say. 

Louisiana is an at-will employment state, which means that your employer can fire you for no reason or even an unfair reason. This means that if your employer does not approve of your activity on social media, they can fire you, even if you feel your post is harmless. The bottom line is that employees need to exercise caution with regard to what they post on social media outlets. Posting about political matters, current events, or any controversial issue can be risky for employees.

Employers, however, cannot fire you for an illegal reason such as your gender, agerace or a disability. If your social media postings concern an employment matter such as discrimination in the workplace, your post may be protected activity. In addition, under the National Labor Relations Act, employees may also communicate with each other about the terms and conditions of their employment, including, potentially, their criticism of management. If you think your social media posts fall into these categories, you should contact an experienced employment law attorney.

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