Can you get fired for your blog posts?

By Tara Swords
From Every Day Connected 

The creator of Dooce.com entertains millions and earns a pretty good living by writing a blog. But she had a humbler beginning when she began blogging many years ago: She was fired after referring to some colleagues in a rather unflattering way -- even though she was posting anonymously.

So before you talk smack about your employer on your blog or social networks, think twice: You could get yourself fired, and you probably won't end up wealthy. (The fired-for-blogging-about-work position has already been filled by Dooce.)

Of course, there's a gray area when it comes to what the wrong thing to say is online. Follow these pointers, though, and you'll minimize your chances of getting axed for what you post.

1. Understand what freedom of speech isn't.

In the United States, the First Amendment to the Constitution protects freedom of speech. But that doesn't mean you can call your boss a brainless, spineless oaf and keep collecting a paycheck if that brainless, spineless oaf wants to fire you. It means the government can't restrict your speech (with a few exceptions).

At the office, on the other hand, there is no First Amendment -- even political speech could get you fired, depending on your employer's code of conduct.

2. Understand what kind of employee you are.

Are you an at-will employee? If so, that generally means that you or your employer can terminate the relationship at any time -- without having to give cause. So if you post a Twitter tirade on Tuesday night, your employer may be able to escort you out the door first thing Wednesday morning with little more than a "This isn't working out" explanation -- yes, even if you made the disparaging comments about your boss via your personal computer and a personal Twitter account.

Note that some kinds of employees and some kinds of speech can be special cases that afford you either more or less protection under the law. For example, you can't be fired for informing on illegal activities. If your circumstance falls in this kind of gray area, talk to a lawyer.

3. Understand what your contract says.

If you have a contract with your employer, you might be prohibited from sharing certain information, such as company secrets or competitive information. Spill any of those beans on Facebook, and you could be out of a job with no case to claim. So be sure to actually read your contract before you sign if you're planning to blog or tweet in your free time.

4. Remember what the Internet is.

You should think of the Internet as a public space, always. This includes those Facebook posts you think you're restricting to your list of friends.

In reality, something you post can be copied and pasted into a new forum -- without your permission or knowledge. Would you want your employer to see that?

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