The Impact of Social Media Conduct on Employment Status in NYC

Social media has become a significant factor in employment decisions across New York City. What employees post, like, or share online can have serious consequences, both inside and outside the workplace. Employers increasingly monitor social media activity, and in some cases, posts deemed inappropriate, offensive, or damaging to a company’s reputation can lead to disciplinary action or termination.

Can Employers Discipline or Fire Employees Over Social Media Posts?

In New York, employers generally have the right to discipline or terminate employees based on their social media activity, especially if the content:

• Violates company policies
• Harms the employer’s reputation
• Discloses confidential company information
• Includes discriminatory, harassing, or offensive remarks
• Shows workplace misconduct, such as drug use or violence

However, employees also have certain legal protections under state and federal laws that prevent wrongful termination based on lawful social media activity.

Legal Protections for Employees’ Social Media Activity

Although employers have broad discretion, certain laws protect employees from unfair social media-related termination or discipline:

• National Labor Relations Act (NLRA) – Employees have the right to discuss workplace conditions, wages, and union-related matters on social media. Employers cannot punish workers for engaging in protected concerted activity, such as complaining about unfair treatment or unsafe working conditions.
• New York Labor Law Section 201-d – Protects employees from discrimination or retaliation based on lawful off-duty conduct, including political or recreational activities on social media.
• First Amendment (For Public Employees Only) – Government employees may have free speech protections, though this depends on whether their speech relates to public concerns and does not interfere with workplace operations.

If an employer retaliates against an employee for protected social media activity, legal action may be an option.

What Social Media Activity Could Get You Fired?

Even with legal protections, certain online conduct can legitimately lead to termination. Some examples include:

• Posting discriminatory, harassing, or offensive content that violates workplace policies
• Leaking confidential company information or trade secrets
• Defaming or making false claims about an employer or colleagues
• Engaging in criminal activity online, such as threats or cyberbullying
• Violating a company’s social media policy, even for personal accounts

Employees should always review their employer’s social media policy and be mindful of what they share online, especially if their profiles are public.

Best Practices for Employees on Social Media

To protect employment status while maintaining online freedom, employees should follow these best practices:

• Check privacy settings – Restrict visibility of personal posts to limit employer access.
• Think before posting – Avoid content that could be interpreted as offensive, discriminatory, or damaging to an employer’s reputation.
• Know workplace policies – Understand what your employer allows and prohibits regarding social media conduct.
• Be cautious about discussing work online – Even when venting, negative comments about an employer or colleagues can be risky.
• Understand your rights – If you face termination or discipline for social media activity, determine whether legal protections apply.

While employees have some degree of online freedom, maintaining a professional online presence is essential in avoiding conflicts with employers.

Helping NYC Employees with Social Media-Related Employment Issues

At Lipsky Lowe, we represent employees in cases involving wrongful termination, workplace retaliation, and violations of labor laws. If your employer has taken action against you based on your social media activity, we can assess whether your rights were violated and help you explore legal options.

We can  assist with:

• Reviewing employer policies to determine if disciplinary action was lawful
• Challenging wrongful termination if protected social media activity led to unfair treatment
• Filing claims for retaliation under New York labor laws and federal statutes
• Negotiating settlements or pursuing legal action if necessary

If your employer has disciplined you unfairly due to social media use, trust us to protect your employment rights. Contact us today to get started.