Social media is deeply integrated into modern life, but online activity can carry professional consequences. In Texas, what you post on social media can directly affect your employment, including the possibility of termination.
Understanding at-will employment
Texas operates under the doctrine of at-will employment. This allows employers to terminate employees at any time, for nearly any reason, or for no stated reason. However, dismissals that violate state or federal statutes may be considered unlawful. Posts made on social media often exist in a legal gray area, depending on their content and perceived impact on the workplace.
Protected vs. unprotected speech
The First Amendment guards against government censorship, not actions taken by private employers. As a result, private sector employees can face disciplinary action or termination based on their online posts, even if made outside of work hours. However, certain speech may be legally protected. For instance, the National Labor Relations Act (NLRA) safeguards discussions about workplace safety, wage issues, or discriminatory practices.
How content impacts your employment
Employers may respond to online posts that damage the company’s reputation, reveal proprietary information, or cause interpersonal conflict among employees. Posts that include offensive or discriminatory language are especially likely to lead to termination. Even private profiles offer limited protection—others can capture and share screenshots with your employer. In an at-will employment state like Texas, employers are generally not required to justify termination, making job loss over social media relatively common.
When you may have a claim
You may have legal grounds to challenge your termination if your post addressed legitimate workplace concerns or rights protected under law. The NLRA, along with anti-discrimination laws, can apply in cases of retaliation or bias. If your firing followed discussions of workplace misconduct or if you were treated differently due to a protected characteristic, you might have a valid claim.
Be mindful of what you share online, even on personal accounts. While some expressions are legally protected, Texas law gives employers broad discretion to end employment based on social media content.
