But in the workplace, social media can become a legal minefield. Comments, photos, or posts can raise issues around privacy, free speech, discrimination, and even termination.
For employees in New York, understanding how social media activity intersects with employment law can help prevent serious consequences.
New York is an at-will employment state, which means employers generally have the right to terminate employees for almost any reason, as long as it’s not discriminatory or illegal. That includes what you post online. While many workers assume their personal accounts are off-limits, the truth is more complicated.
Public posts can easily make their way to employers, especially if they mention the workplace or coworkers. Posts that include confidential information, harassing language, or discriminatory remarks can lead to disciplinary action or termination.
Even something as simple as venting about a supervisor could create tension or appear unprofessional.
That said, not all online activity is fair game for employers. New York law provides some important protections for workers’ lawful, off-duty conduct, including the right to engage in political activity, union organizing, or other legal activities outside of work hours.
In 2024, New York strengthened employee privacy rights. The state passed legislation limiting what employers can demand from employees regarding their social media accounts. Employers can no longer request your usernames, passwords, or access to private social media profiles, nor can they require you to accept friend requests or follow their business pages as a condition of employment.
This law was designed to balance an employer’s need to protect its business reputation with an employee’s right to personal privacy. However, it doesn’t prevent employers from reviewing information that’s publicly visible or reported to them by others.
That’s why it’s still wise to assume that your employer could see anything you post online.
The National Labor Relations Act (NLRA) also plays a key role in regulating social media conduct.
Under this federal law, employees have the right to discuss workplace conditions, pay, and treatment, even on social media, if they’re doing so as part of “concerted activity.”
In other words, if you and your coworkers are talking about improving working conditions or addressing unfair treatment, those discussions are protected.
Be forewarned, though, if your posts contain threats, discriminatory language, or confidential information, you won’t receive protection. The difference often comes down to context, which can make these cases complicated.
If you’re active on social media, consider how your posts could be interpreted in a professional context. Avoid discussing sensitive workplace issues online, and don’t share internal documents, photos, or client information. Even if you think your account is private, screenshots and shares can make content public in seconds.
If your employer disciplines or terminates you for something you posted, it’s important to look closely at the circumstances. Did the post involve a protected activity under state or federal law? Did the employer violate your privacy rights under New York’s social media statute? The answers can determine whether your rights were violated.
Social media has blurred the line between personal expression and professional responsibility. Employers and employees alike are still navigating how far the law goes in this new territory.
If you believe your employer overstepped or retaliated against you because of something you posted online, you may have legal options. Contact Borrelli & Associates, P.L.L.C. Our team helps New York employees understand their rights and take action when workplace laws are violated, on or off the clock.
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