Can employers legally terminate employees based on posts made on social media?

In Alabama, the answer to the question of whether employers can legally terminate employees based on posts made on social media is a bit complicated. Generally speaking, employers are permitted to terminate an employee for posts that may be considered offensive or inappropriate. Under Alabama state law, employers can also discharge employees for posts that are considered to be derogatory, defamatory, or that could adversely impact the company’s reputation. Employers, however, cannot fire an employee for activities or posts that are covered under labor or employment laws, such as whistleblowing or legally protected activities. Also, employers may not terminate employees for posts related to their membership in labor organizations or because of their race, gender, religion, age, or disability. In addition, the Alabama State Legislature has passed a law making it illegal for employers to retaliate against employees due to their use of social media for public forums, such as commenting on legislative activities. In conclusion, in Alabama, employers are generally allowed to terminate employees for posts deemed offensive, derogatory or damaging to the employer’s reputation. However, employers may not terminate employees for posts related to their labor organizing activities, or because of their race, gender, age, or disability. They also may not retaliate against employees for their public forums related comments.

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