For many people, social media is a part of everyday life. Educators and other school employees are no exception, sharing their opinions and photos of their families like anyone else. When it comes to posting about so-called “hot-button” issues, however, how much freedom do K-12 and college employees really have? 

As with many things, the answer is in the details. While it may seem to fly in the face of free speech rights, most states have “at-will” employment laws, which makes it easier for employers to terminate employees for any reason they want — as long as that reason isn't prohibited by law (such as the employees protected class). 

If you have been unfairly fired by a school for content you put on social media, give the Lento Law Firm a call. Our Education Law Team can go over the specifics of your case and help you determine your best path forward. Reach us at 888-535-3686 or by using our online form. 

What Type of Posts Are a Fireable Offense? 

There are always going to be events with differing opinions at the forefront of public discourse. Currently, the Israeli-Palestinian conflict is on everyone's mind. New topics surrounding LGBTQ+ rights and racial contention seem to arise every day. It makes sense that individuals would have very strong responses to these matters, especially those whose job it is to prepare children and young adults for the real world. 

So where is the line? In short, there isn't one. Anything you post could theoretically be used as a justification to terminate your employment. That's the problem with at-will employment; the employer, in this case, your school, is given a lot of leeway in what they can do. If they consider an employee's post to be embarrassing or offensive, they can sever ties with the reasoning that it reflects poorly upon the school. 

Are There Exceptions? 

While at-will employment gives private schools broad authority to fire whoever they want, there are limits. You cannot be terminated based on your membership in a protected class, such as race, religion, nationality, or sexual orientation. Since hot-button issues often tend to involve members of these classes, or opinions about them, what you post online on these topics could give you a legal recourse should the school decide to take action. Overall, it's a legally complicated subject and can be discussed more precisely with your attorney. 

If you are employed at a public school or university, you may have luck focusing on your free speech rights. The First Amendment applies to government-controlled institutions, so adverse employment action based on political or other opinionated posts might be considered protected speech. 

Contact the Lento Law Firm 

If you are a school employee who feels they have been wrongfully terminated for social media activity, the most important thing to do is to speak with a qualified attorney. The Lento Law Firm's Education Law Team is experienced in K-12 and college-level employment matters and can tell you the best way to move forward with your case. For a consultation, call us at 888-535-3686 or fill out our automated contact form.