Is Your Employer Overstepping? Know Your Social Media Rights in 2025

Feb 16

In today’s connected world, social media plays a major role in how we communicate, network, and express ourselves. While employers can set policies to manage how social media is used in the workplace, these policies must follow the law and respect your rights as an employee. Unfortunately, many companies cross the line, creating rules or taking actions that are illegal under state and federal laws.

If you believe your employer has unfairly disciplined you or violated your social media rights, you may have a claim. Here’s what you need to know about your rights and when to take action.

What Employers Are Allowed to Do

Employers have a legitimate interest in ensuring that social media use does not harm their business. For example, they may:

Prohibit employees from sharing confidential company information online.
Set rules around social media use during work hours or on company devices.
Address posts that harass coworkers or create a hostile work environment.

Employer Social Media Policies: Where They Go Too Far

While employers can set reasonable policies, they can’t use social media policies to:

Violate Your Right to Speak Freely About Workplace Issues
Under the National Labor Relations Act (NLRA), employees have the right to discuss wages, working conditions, and other workplace concerns with coworkers—even on social media. If your employer tries to punish you for these discussions, it could be illegal.
Restrict Legal Off-Duty Conduct
In many states, it’s illegal for employers to discipline or fire employees for legal activities they engage in outside of work hours, including posting on social media.
Invade Your Privacy
Employers cannot require you to share personal account passwords or access private social media posts. Doing so may violate privacy laws in your state.
Discriminate or Retaliate Against You
Social media policies cannot be used as a pretext for discrimination or retaliation. For example, firing an employee for posts about unfair workplace treatment could violate anti-retaliation laws.

Recent Updates in 2025

As of January 2025, states like California, New York, and others have strengthened employee protections against overbroad social media policies. Employers face increasing scrutiny for:

Unclear or vague policies that discourage employees from exercising their rights.
Misusing social media activity as a reason to terminate employees without legitimate cause.

If you believe your employer is violating these updated laws, don’t wait to act.

What to Do If Your Employer Crosses the Line

If your employer’s social media policy or actions seem unfair or unlawful, take these steps:

Document Everything: Save any emails, messages, or policies related to the issue.
Know Your Rights: Understand your state’s specific protections for off-duty conduct and privacy.
Seek Legal Help: An experienced employment attorney can help you understand your rights and determine if you have a claim.

We’re here to help. At WorkRight Law, we fight for employees who are treated unfairly by their employers. If your employer has violated your social media rights or retaliated against you for exercising your rights, you don’t have to face it alone.

Remember: You have the right to express yourself, discuss workplace issues, and live your life without unfair employer interference. Let us help you stand up for what’s right.

Act now—laws have deadlines, and your rights deserve protection.