Q: My employer fired me today for comment on a post on social media during off time.
The comment was about genders and someone did not like my answer so the person went through my profile, found my employer and reported me for transphobia. Can I do anything?
A:
Generally speaking, private companies and employers can fire an employee for what they post on social media. However, in general, employers cannot fire you for posting:
1) Truthful statements about working conditions, like harassment or unsafe working conditions.
2) Comments that indicate your interest in joining or supporting a union.
3) Messages to other co-workers suggesting that they contact a lawyer to get information about workplace rights.
4) Demographic information like your race, sex, age, religious affiliation.
These factors can also be important:
1) Did you post to social media during working hours?
2) What does your employment agreement and employee handbook say about social media?
3) Are you being fired for some other illegal reason, and your employer is using your social media posts as an excuse?
As to whether you can do anything, it really depends on the facts of the case and some of the matters described above.
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