Short answer: yes, in many cases. People assume they have a “right to free speech” on Facebook, Instagram, or TikTok, but the First Amendment doesn’t stop a private employer from firing you over something you post.

That doesn’t mean all firings are legal. It depends on what you posted and why your employer reacted.

Here’s how to make sense of it.

You’re free to post almost anything you want online. Your employer is also free to decide they don’t want to be associated with it.

Most employee handbooks even have language saying you represent the company “on and off the clock” and can be disciplined for posts that reflect poorly on the business.

That alone makes many terminations legal.

A firing becomes illegal if your social media activity touches a protected category.

If you post about:

• Sexual harassment
• Discrimination based on race, sex, age, religion, disability
• Unsafe or illegal workplace practices
• Whistleblower-type concerns
• Retaliation
• Wage violations

…your employer cannot legally fire you for it.

They may claim it was for a different reason. But if the timing lines up, it can be retaliation.

These are the situations that usually don’t give you legal protection:

• Complaining that your boss is annoying
• Using profanity or slurs
• Posting offensive jokes
• Arguing with customers online
• Violating confidentiality
• Sharing private company information
• Posting something your employer finds embarrassing or damaging

These aren’t illegal reasons, just unpopular ones.

If your post says something like:

• “I reported sexual harassment, and nothing happened.”
• “My employer isn’t following safety laws.”
• “I’m being treated differently because of my race.”
• “We’re not being paid correctly.”
• “My company retaliates when people complain.”

…firing you afterward can cross the line into illegal retaliation.

The content matters. The timing matters. The context matters.

A few additional rules can come into play:

Delaware law adds protections for:

• Sexual orientation
• Gender identity
• Marital status
• Domestic violence victim status

If your post touches any of these, firing you for it may be illegal.

If your post reports the company’s violations of law, firing you for it can violate whistleblower statutes.

Social media can get you fired, and often legally. But if your post involves harassment, discrimination, retaliation, or illegal conduct by your employer, the law may protect you.

If you’re unsure whether what happened to you was legal, talk to a lawyer before assuming you were in the wrong.