It depends. In general, the answer is yes.
In Georgia, as in most states, you are considered an employee "at will." This means exactly what it sounds like — the employee works at the will of the employer. As a result, employers can fire you for any reason, at any time and without any notice.
But federal laws trump state laws.
Federal law forbids discrimination of any kind related to employment as the result of race, sex, age, religion, national origin or disability. Workers in unions or who have employment contracts have additional protections.
According to FindLaw.com, "other federal laws protect rights to safety on the job, wage and hour payments, employee benefit plans, family and medical leave." Government employees have further rights under the Constitution and may be able to file a grievance to appeal adverse employment actions.
Chipotle employee's tweet resulted in firing
In a case this week, a Philadelphia judge found Chipotle's social media policy violated federal labor laws. The ruling was in favor of James Kennedy, the employee who was fired for criticizing the company on Twitter last year.
Kennedy's case drew the attention of the National Labor Relations Board, an independent federal agency with the power to investigate unfair labor practices, facilitate settlements on behalf of employees and remedy unfair labor practices by private sector employees and unions.
Kennedy's social media post violated a Chipotle social media policy banning "disparaging, false" statements about the company when he replied to a customer's tweet thanking the company for a free food offer.
Kennedy's tweet: "@ChipotleTweets, nothing is free, only cheap #labor. Crew members make only $8.50hr how much is that steak bowl really?"
The tweet was removed following discussion with his supervisor over the company's policy. Two weeks later he was fired after circulating a petition about workers being unable to take breaks.
In the ruling this week, an administrative judge has ordered the Colorado-based food chain to rehire the employee and pay him lost wages. Similar cases have resulted in employers' social media policies coming into question.
Is it worth the risk?
Even with a trend toward challenging social media policies, thousands of people have been fired because of things they've posted online. Employers have some legal rights related to activity conducted on company-owned equipment or when using the company network to access the Internet.
What about my First Amendment rights?
The First Amendment only protects you from having the government abridge your speech. Private companies are not bound by the Constitution in the same way as federal or state agencies. But again, if the speech is in conjunction with labor organizing activities, you may be protected under the National Labor Relations Act.
If your comments are general bad-mouthing of the boss and not related to collective action with your coworkers, your words are not protected by the NLRA.
What would Miss Manners say?
To quote Judith Martin, aka Miss Manners, "If you don't want a job interviewer or your boss to see it, don't post it."
Only you can determine whether the risk of being fired is worth the pleasure of bashing the boss. If you're trying to start a true discussion about a valid labor concern, carefully consider the language you choose. If you're simply venting frustration in the moment, you should probably show restraint. Or do what we writers do -- write it, then sleep on it. If your words still ring true the next day, hit enter and post away.
